Historic sexual assault case of former Dubbo mayor Benjamine William Shields mentioned in Penrith Local Court on December 9

Benjamine William Shields, 41, was absent in Penrith Local Court on December 9 when his solicitor, Ms Speirs - who was acting as an agent on behalf of Roland Day, who has carriage of the matter - and police prosecutor, Sergeant Prasad said the case will need to return at a later date for charge certification.

After granting the case's return on February 23 next year, Magistrate Fiona Toose said Shields must appear before the court on the next occasion, after Ms Speirs questioned if he could be excused.

"He will not be excused because he will need to be here to hear the certification," Magistrate Toose said.

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Shields - who served on Dubbo Regional Council for two decades - is accused of having non-consensual sex with an 18-year-old man known to him, when he was 22, on January 1, 2003 between 12.01am and 7am.

Police allege Shields - who was a councillor at the time - met the victim and another man at a train station on New Year's Eve before they later went to a barbecue at the home of his friend, Michael Catelotti.

Shields is alleged to have left with the men after some time. It is claimed the three men then went to Shields' home.

Police alleged a naked Shields asked the two men to get undressed and they engaged in a three-way sex act before the 18-year-old asked Shields to stop because it "hurt".

Shields is alleged to have told the victim "it will get better" and continued on with the act before they fell asleep in bed together.

Police claim the 18-year-old spoke to a relative in November 2021 about what happened.

While investigating the matter, police lawfully intercepted a seven-minute phone call between Shields and the victim, where it is alleged Shields asked the man "would an apology or settlement or anything like that help".

Police also allege Shields recorded a private conversation with his mobile phone regarding the incident between 12.01am and 11.59pm on June 22 in Dubbo.

Shields was arrested at his home on June 28 this year before he was taken to Dubbo Police Station.

Shields is yet to enter a plea.

Court documents indicate Shields lives at Peel Street in Dubbo, but ACM understands he now lives in Ascot.

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