Convicted Russell Street bomber Craig Minogue has been ordered to stand trial over the abduction and rape of two teenage girls in the 1980s.
Minogue and Peter Michael Komiazyk - who was acquitted of any part in the 1986 bombing - have both pleaded not guilty to 38 charges including abduction by force and rape of the women, aged 18 and 19, in November 1985 and March 1986.
The second incident occurred on the eve a deliberate car bomb explosion outside the then Victoria Police headquarters, which killed Constable Angela Taylor and injured 21 others.
Magistrate Carolyn Burnside said she believed there was sufficient evidence to convict the Minogue and Komiazyk of the rapes and ordered they stand trial in Victoria's County Court.
While Komiazyk's barrister Malcolm Thomas estimated it could take up to six weeks, Minogue's barrister Bruce Walmsley wants the case against his client to be permanently discontinued.
Prosecutors allege both women were abducted off streets in Melbourne's South Yarra and Nunawading, taken to another location and raped by multiple people including Minogue and Komiazyk.
They allege a third rapist was Stan Taylor. He died in 2016 while serving a life sentence over the bombing.
DNA forms part of the evidence against the men but during a committal hearing the court heard DNA was not at the forefront of forensic investigators' minds in the 1980s.
Minogue's defence team also want his police interview cut from the case against him, accusing police of using "dishonest trickery" to get Minogue to participate, by telling him DNA did not form part of the evidence.
They also suggest police and prosecutors formed a view as early as 1986 that Minogue was responsible for the alleged offending, despite not charging him until mid-2019.
A cold case detective said one of the original investigators told her they had suspected the "Russell Street bombers" were connected to the rapes, while one of the complainants allegedly told a friend she felt she had received victims compensation as "hush money" so police could focus on the bombing case and not be distracted by the rape claims.
On Tuesday Mr Walmsley noted Minogue had also been advised of the process if he was to offer an alibi, describing it as an "absurdity" to suggest that Minogue might be in a position to do so having only learned of the allegations more than 35 years later.
Minogue is currently serving a life sentence and while he was granted a non-parole period which has expired, Victorian laws were changed in 2016 to ensure he could never be released.
Detective Tony Benham told the court on Tuesday that he had never been told to "hurry up" the investigation into the rapes because of what was happening politically regarding Minogue at the time.
Komiazyk will remain on bail subject to a $50,000 surety and a requirement he report to police.
Australian Associated Press