Boe-Daniel Biagio Laubscher: Alleged rapist bailed despite inadequate electronic monitoring in Great Southern

A Denmark man accused of rape has been bailed despite an attempt by the corrections office to put him in custody over fears for the complainant’s safety if his electronic monitor stopped working. Boe-Daniel Biagio Laubscher is accused of raping a woman twice in Margaret River and Manjimup in March 2024. The 26-year-old was initially granted bail when he was charged last year but fell out with his surety, who then withdrew, and was taken into custody on remand. He was granted bail again on January 7 by Magistrate Tanya Watt on the condition he wear an electronic monitor as per new mandates that began on December 18. He was also required to report to Denmark Police Station three times a week. On Thursday, he appeared in custody in Albany Magistrates Court after Adult Community Corrections applied to revoke his bail. In an affidavit provided to the court, ACC’s chief executive said the department did not have the resources to maintain monitoring in the Great Southern if a fault were to occur or if the electronic ankle monitor was removed. Police prosecutor Sgt Gary Simpson said the ACC’s bail revocation was made with an “abundance of caution” as no conditions could ensure the safety of the complainant if the electronic monitor stopped working. He said Mr Laubscher — who is yet to enter pleas — would likely be imprisoned if found guilty and is subject to ongoing investigations with the complainant providing police with a detailed account of the alleged assaults and abuse. Legal Aid duty counsel Graeme Payne requested bail for his client with reporting conditions, a surety, and an expanded protective radius around the complainant who resides in an outer suburb of Perth. Mr Payne said his client had complied with his bail conditions and should not be subject to electronic monitoring because he was bound by a conduct agreement order, not a family violence restraining order, but Magistrate Erin O’Donnell said the Bail Act applies to both. Ms O’Donnell said she found it inappropriate that ACC had revoked Mr Laubscher’s bail and found no basis for Mr Laubscher to be remanded in custody. She said the court could not be constrained by resourcing issues or other details that the government did not consider when introducing the electronic monitoring mandates. Ms O’Donnell said even if ACC could not achieve adequate electronic monitoring by 5pm on Thursday, Mr Laubscher’s bail still could not be revoked. Mr Laubscher was released on bail with a $5000 surety, a 100m protective radius around the complainant, and for the electronic monitoring to be retained. If you or someone you know needs help, contact 1800 RESPECT (1800 737 732), or Sexual Assault Counselling Australia on 1800 211 028, the WA Sexual Assault Resource Centre on 6458 1828 or 1800 199 888 or Lifeline on 13 11 14.