Army members who allegedly gang raped Sydney teen granted bail to live on barracks

Two serving army members who allegedly held down, choked and gang raped a teenager in her Sydney inner-west home have been granted bail to live at the Holsworthy military barracks.

Combat engineer Kayden Phillips, 20, and marine specialist Harrison Massie Knight, 22, appeared in Liverpool Local Court on Friday and face life in prison over the alleged assault.

The pair met the 18-year-old woman on Saturday and were captured on CCTV entering her Camperdown apartment. The prosecution argued there was a “degree of planning” in the alleged attack, with the men taking off their shirts when the alleged victim went to her room. One allegedly restrained her, and she was choked to the point of unconsciousness, then raped, the court heard.

The woman then managed to “flee” the apartment, the court heard, reported to police and underwent a Sexual Assault Forensic Exam, with DNA testing underway.

When Knight and Phillips were captured leaving the apartment some time later, one of the men was missing his shirt and his belt. The court heard that when confronted by a witness’s partner, the two men initially denied being in the apartment, before denying anything sexual happened.

The pair, who are in the same army troop, were arrested at the Holsworthy military barracks in south-west Sydney on Thursday morning. Police seized phones and clothing from their two rooms. DNA testing is underway.

‘[The woman] fled the scene worried about her safety.’

Judge Andrew Miller

The men were both charged with aggravated sexual assault in company depriving liberty, aggravated sexual touching of another person and choking a person with intent to commit an indictable offence.

The incident is still under investigation, and police may bring more charges.

In applying for bail on Friday, defence lawyer Tandy Machisa conceded the prosecution’s case was strong, but questioned whether the woman’s conduct before fleeing the scene “raised questions” about her account.

Judge Andrew Miller dismissed this line of argument. “She fled the scene worried about her safety,” he said, highlighting the Criminal Procedure Act gave directions about drawing conclusions around delays in reporting sexual assault.

Machisa argued both of the accused had strong family support, strong ties to their community, no criminal history, and strong employment.

She said Knight, who the court heard was the “more serious” offender of the pair, recently achieved the rank of Lance Corporal.

“To achieve this rank shows a level of compliance, respect and authority,” she said.

The prosecution argued the alleged facts of the case were strong, and the pair presented an unacceptable risk to the community. They face a non-parole period of 15 years.

Miller found that confining the pair to the barracks would mitigate bail risks. The pair cannot leave the barracks unless under the supervision of their commanding officer, and only for military, medical, court or legal appointments.

The pair are not to contact the complainant, witnesses or be in contact with one another.

The prosecution is contesting their bail. The pair will remain in custody until the bail review is heard in a higher court in the coming days.

They were supported in court by their parents, with Knight’s family travelling from Melbourne overnight.

Their matter will next be heard on January 14.

A Defence spokesperson said that, as the matter is under an NSW Police investigation and before the courts, it would be inappropriate to comment.

“There is no place for sexual violence or misconduct in Defence,” the spokesperson said.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732) or the Men’s Referral Service on 1300 766 491.

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