Former Dubbo mayor Ben Shields has appeared in court for the first time since he was charged with an historic sexual offence earlier this year.
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The usually clean-shaven former mayor has grown a beard and was noticeably thinner than his time in office.
Benjamine William Shields, 41, appeared at Penrith Local Court on Friday to face charges of having sexual intercourse without consent and possessing a conversation obtained by surveillance devices.
The sexual offence is alleged to have occurred in 2003 when Shields, then aged 22, had non-consensual sex with a man who was 18 years old.
Shields sat solemnly and looked at the ground in court number four, as his solicitor Kimberley Norquay-Evans fought to have his bail conditions altered.
It was the second time his legal team has made an application to change a non-contact provision so Shields can speak to long-time friend and business colleague Michael Catelotti.
The application was previously refused when his case was brought to Dubbo Local Court on August 22.
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Mr Catelotti was present on the night of the alleged offence and has provided a statement to police, but Ms Norquay-Evans told the court he was not a "direct" witness.
"He's not a direct witness to the events, he's an ancillary witness," she said.
She told magistrate David O'Neil that Shields' friendship with Mr Catelotti goes back 25 years and they support each others' mental health. Shields also assists Mr Catelotti with his business.
Police prosecutor Adam Young objected to the bail alteration and said he had concerns "contact could interfere with the evidence" and undermine its ability to be tested in court.
Documents including transcribed phone calls which took place between Shields and the alleged victim were presented to the magistrate to consider.
"He [Mr Catelotti] had two or three discussions with Mr Shields about the case, within two or three days of speaking to police," Mr O'Neil read from the documents.
It's completely inappropriate for an accused person to discuss evidence.
- Magistrate David O'Neil
The magistrate said it was "completely inappropriate" that Shields be allowed to contact Mr Catelotti while the matter is before the court.
Mr O'Neil said while the bailee has the right to ask for an application to the conditions, there was a "completely unacceptable risk of the applicant interfering with evidence".
"It's completely inappropriate for an accused person to discuss evidence," he said.
The application was refused and Shields will next appear in Penrith Local Court on Friday, November 4.
Court documents show Shields lives at Peel Street, Dubbo, but ACM understands he now lives in Ascot, a suburb in Brisbane's northern suburbs.
Nadine Morton
I report on crime, emergency services and police matters. Email me on nadine.morton@austcommunitymedia.com.au
