A Shepparton man accused of grooming a teenage girl for sex and offering her drugs will have his case heard in the County Court after an application to have it heard in the lower Magistrates’ Court was refused.
Martin Klaver, 44, is facing 76 charges, including grooming a child under 16, four counts of encouraging a child under 16 to engage in a sexual activity, supplying a drug to a child, two counts of stalking, and 14 counts of contravening a bail condition.
His charges also include numerous driving charges — including reckless conduct endangering serious injury by ramming a car — and theft charges.
At this stage Mr Klaver is contesting the charges, with his solicitor Sally Buckley saying the matter had “not yet resolved”.
“It ought to. But it hasn’t reached that point. There are discussions in their infancy,” she said.
Mr Klaver appeared in Shepparton Magistrates’ Court where Ms Buckley applied to have Mr Klaver’s indictable matters heard in the Magistrates’ Court, rather than being elevated to the County Court.
The prosecution opposed the applications, saying the matters were too serious and should not be heard in the lower court, especially as Mr Klaver had not pleaded guilty to them.
In documents tendered to the court, the prosecution allege Mr Klaver groomed and stalked a 15-year-old girl by texting her and meeting her to provide and take methamphetamines together in return for her performing sexual acts as payment between February 1 and September 9 last year.
On August 13, 2021, the girl told police she was in a relationship with Mr Klaver and he was harassing her by sending daily text messages.
On October 6, 2021, Mr Klaver was bailed to appear in Shepparton Magistrates’ Court in February on conditions including he not stalk any witnesses for the prosecution or contact them.
Police allege in documents provided to the court that Mr Klaver continued to contact the girl though text messages and on Messenger, where he continued harassing her and attempting to groom her for sex on several occasions in November 2021.
He also allegedly messaged her requesting oral sex for payment of a previous supply of methamphetamines.
On November 19, 2021, he was bailed from the Shepparton Magistrates’ Court on conditions including he not contact prosecution witnesses, live in Langwarrin and not come to the Goulburn Valley.
In the two days following his release on bail, police allege he sent the girl 20 text messages requesting she perform sexual acts so he could listen on the phone, in exchange for drugs.
Five days after his release on bail, he allegedly sent a further nine text messages that police said had become aggressive and were threatening.
On November 26, 2021, his bail was revoked and two warrants were issued for his arrest.
The same day, Mr Klaver allegedly sent the girl 34 messages — five of which referenced the supply of drugs and the outstanding debt he would exchange for sexual favours.
On November 27 and 30 he allegedly sent the girl 13 more text messages requesting sexual favours for drugs.
On November 30, two texts were intimidating and referenced her making reports to the police, the court documents said.
Ms Buckley said all of her client’s charges could be heard summarily in the Magistrates’ Court and that it was “not uncommon” for these sorts of charges to be dealt with in that jurisdiction.
“This is not sophisticated, pre-planned and organised offending,” Ms Buckley said.
Prosecutor Edwina Dane, however, argued that the matters had not resolved to a guilty plea and as such, should not remain in the Magistrates’ Court.
“It was ongoing and aggravated,” she said.
“After his arrest and bail, it continued, and it continued in an aggressive form.”
Magistrate Marita Altman refused the application for summary jurisdiction.
“The totality of the offending is too serious and should be dealt with in a higher court,” she said.
“This is prolonged offending against a young woman.”
Mr Klaver was remanded in custody to next appear in court in October.