NOTICES PRESENTED: Rudy Clarence Nonis (LEFT) and Trent Christopher Birthisel.
NOTICES PRESENTED: Rudy Clarence Nonis (LEFT) and Trent Christopher Birthisel. Lee Constable

Rape charges dropped against former police officer

RAPE charges against one of the Mackay police officers accused of sexually assaulting a woman while on duty were dropped.

Trent Christopher Birthisel and Rudy Clarence Nonis were each initially charged with five counts of rape and one count each of deprivation of liberty and assault with intent to commit rape on February 2 last year.

A Director of Public Prosecutions (DPP) spokesperson yesterday confirmed the prosecution would not be proceeding with the charges against Mr Nonis and he had been discharged.

The spokesperson said a "No True Bill" has been filed with the court on June 2, which is a withdrawal by the prosecution in a District or Supreme Court matter before an indictment has been lodged.

Birthisel and Nonis first faced the Mackay Magistrates Court on February 7 last year after being charged the day before.

The matters, which received statewide media attention, were committed behind closed doors from the Magistrates Court jurisdiction to the higher court on Thursday, December 11, last year as part of a committal hearing.

Yesterday an indictment was presented before Judge Anthony Rafter SC in the District Court in Mackay charging Birthisel with five counts of rape only.

It was indicated the matters would go to trial.

Birthisel, who was a constable, resigned last year from the Queensland Police Service.

It is believed Mr Nonis, who was a first year constable, is still suspended without pay.

A Queensland Police Service (QPS) media spokesperson said the DPP had provided the QPS with a notice of discontinuance of all charges against a 29-year-old constable in Mackay.

"As the criminal complaint is still before the court, it would be inappropriate for the QPS to consider any disciplinary action until the matter is heard and determined," the police media spokesperson said.

The matters against Birthisel have been adjourned until the callover next week.