DNA is in issue in the case of a man accused of raping a jogger and holding her head in a creek along a Melbourne walking track.
Joel Russo, 25, has bipolar disorder, schizophrenia, an intellectual disability and an acquired brain injury, and is accused of attacking the woman along Merri Creek in Coburg last December.
He's facing 10 rape charges, one of attempted rape and three of sexual assault over the incident, during which he allegedly held the woman's head under water and choked her.
His lawyer Tanya Skvortsova said DNA was an issue in the case, telling the court samples were taken from him after a doctor had assessed him unfit to be interviewed.
She questioned whether Russo had been able to give informed consent to the testing.
But prosecutor Madeleine Sargent said samples taken from the woman were matched against a DNA database sample.
She said there had been an incorrect caution given, and the sample taken from Russo at the time had not been used and would be destroyed.
Magistrate Carolyn Burnside said evidence about Russo's fitness to be interviewed was "highly relevant".
Ms Skvortsova has also questioned the DNA results.
While some samples taken from the woman matched Russo and a sample from Russo matched her, internal swabs from the complainant found no trace of his DNA, she said.
Russo's case will go to a contested committal hearing in December when a number of witnesses will be called, including two officers who interacted with him several hours after the alleged incident.
Ms Skvortsova said while the interaction was recorded on body worn cameras they could also give evidence about his demeanour at the time.
Defence lawyers are exploring a mental impairment defence.
Other witnesses to be called include the doctor who deemed Russo unfit to be interviewed, and a nurse who several hours later determined that he was fit.
An expert who analysed DNA will also be called during the hearing, due to begin on December 14.
Defence are also challenging the evidence of two other witnesses who described interactions with a man before the alleged rapes.
Ms Skvortsova said there was no forensic evidence indicating that man was Russo.
"The description provided by each of them is not entirely consistent with his appearance that night," she said.
She said Russo was not facing any charges in relation to those matters, but prosecutors were including references to those interactions in their summary of the alleged rape incident.
Russo remains in custody.
Australian Associated Press