Former Dubbo mayor Ben Shields absent for first appearance at Dubbo Local Court

Shocking new details of an alleged non-consensual sex act, between former Dubbo mayor Ben Shields and an 18-year-old man almost 19 years ago, have been revealed in court documents.

Mr Shields, 41, has entered no pleas after he was charged earlier this year, with having sexual intercourse without consent and possessing a conversation obtained by surveillance devices.

In documents obtained by the Daily Liberal police allege, the 18-year-old had caught a train to Dubbo for a New Year's Eve barbecue with another man and Mr Shields in 2003.

Mr Shields - a councillor aged 22 at the time - is alleged to have met the 18-year-old and the other man at a train station, before the trio travelled in Mr Shields' red ford falcon to Orana Mall for food.

Later that night, police allege the trio attended a New Years Eve barbecue at Shields' long-time friend Michael Catelotti's home.

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Police claim Mr Shields and the two men left the barbecue and attended the Dubbo RSL Club and Amaroo hotel before they caught a taxi back to Mr Shields' home.

The 18-year-old man was in a room when another man entered and invited him to "come and hang out" with him and Mr Shields, police allege.

As he went into the bedroom police allege a naked Mr Shields asked the two other men to get undressed.

Police allege the three men willingly engaged in a three-way sex act before the 18-year-old asked Mr Shields to stop because of "hurt" felt.

Mr Shields is alleged to have told the 18-year-old "it will get better" before continuing on with the act he was asked to stop.

Afterwards, police allege Mr Shields and the two men fell asleep in bed together.

Police said the teen said at the time he remembered being "pretty tired and drunk", saying it didn't take much for him to fall asleep.

The 18-year-old spoke to a family member about what allegedly happened in November 2021, after he viewed a Facebook video in which former Dubbo mayor Stephen Lawrence criticised Mr Shields ahead of the council elections.

While investigating the case, on June 21 this year, police lawfully intercepted a seven-minute phone call between Mr Shields and the man who was aged 18 in 2003.

During that call it's alleged Mr Shields asked the man "would an apology or settlement or anything like that help".

Shields was arrested at his home on June 28 this year and taken to Dubbo police station.

During an interview Shields provided his version of events in relation to the allegations made.

He allegedly told officers he used Mr Catelotti's phone to make contact with the other man involved in the incident.

Police allege Mr Shields secretly recorded that conversation with his phone without consent.

Mr Shields was due to appear in Dubbo Local Court for the first time on Monday, but he did not show up.

Defence solicitor Roland Day told the court Mr Shields was moving to Brisbane to assist with his mental health.

Mr Day also made an application to change a bail non-contact provision so Mr Shields and Mr Catelotti could speak.

According to Mr Day, the pair were "lifelong friends" and they had always spoken about their difficulties.

However police prosecutor Ben Bragger opposed removing the non-contact provision and said Mr Catelloti "had evidence which is of significant value to the prosecution".

Magistrate Theresa Hamilton accepted at this stage it wasn't necessary to remove the non-contact provision between Mr Shields and the prosecution witness, however removed the residential address.

There was also an application to move the case to Penrith Local Court, which was not opposed and granted by Ms Hamilton.

The case will return to court on October 20.