Tevita Tui Paea He Ofa Kolotau, 35, has been charged with sexual intercourse without consent and committing an act of indecency without consent. Photo: ACT Policing.
CONTENT WARNING: This story refers to an alleged rape.
A man who allegedly raped a woman in a nightclub has been released on bail to live interstate after being extradited from Western Australia.
Tevita Tui Paea He Ofa Kolotau allegedly sexually assaulted a woman in a Canberra nightclub in 2022.
An ACT Policing spokesperson said that on 4 December 2022, a woman approached police conducting patrols in the city and alleged she had been sexually assaulted by the 35-year-old man on the club’s dance floor.
Officers made numerous attempts to locate Kolotau and would receive information that suggested he was interstate following the alleged incident.
Earlier this year, investigators from the Sexual Assault and Child Abuse Team (SACAT) determined he was living in Western Australia.
On Tuesday (25 March), WA Police Sexual Assault Squad detectives arrested Kolotau, and he was extradited to the ACT on Wednesday (26 March).
He has been charged with sexual intercourse without consent and committing an act of indecency without consent.
In the ACT Magistrates Court on Thursday (27 March), his defence lawyer, Max Haesler, said that his client was in the midst of moving from Perth to Cairns when he was arrested.
Mr Haesler said Kolotau did not know the alleged victim or witnesses and that he was pleading not guilty to both charges.
He said Kolotau wanted to start a family with his wife in Queensland, was an “active member of his church”, and also had “extensive ties” to Australia with plans to apply for a partner visa.
The court heard he had also consented to a forensic procedure after arriving in the Territory.
Mr Kolotau has denied the charges against him. Photo: Michelle Kroll.
Prosecutor Tahni Whybrow opposed Mr Kolotau’s bail application and said her office had concerns about him not returning to court.
While he had spoken with police in the aftermath of the alleged incident, she alleged he had given officers a wrong address and a disconnected phone number.
Ms Whybrow also said that on a copy of a lease for a Cairns property where he and his wife would be staying that had been handed into the court, only his wife was named.
“In my submission, there are still very real risks of flight,” she said.
Magistrate Glenn Theakston granted bail, with Kolotau to be released once his Tongan passport was handed in.
Under the conditions of his bail, he must report weekly to Queensland police, live at a set address and only be at an international departure point when travelling between Cairns and Canberra.
His wife also paid a $5000 surety.
Kolotau’s case will return to court on 5 June.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
You can also submit an online report about a historical sexual assault allegation for incidents that occurred more than six months ago.
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To be frank... there are a lot of APS that do SFA ... you may know of someone, you may even work… View