Judge Kevin Doyle said on Friday that Mr Palise had no genuine symptoms of the disease and had he come to court in March the trial could have started and run to a verdict.
“His refusal to get on the van is relevant, in my view, to his attitude to these proceedings,” Judge Doyle said.
“He is at least partially responsible for the position the case is now in.”
Mr Palise is accused alongside another man of raping a woman they found lying on the footpath on Lygon Street, near the corner of Grattan Street in Carlton, in the early hours of June 17, 2018.
Mr Palise and his friend were driving home from a night out at Crown Casino when they stopped after spotting the woman and offered to drive her home, the court heard.
The court was told the woman struggled to get to her feet and had to be helped into the car.
Instead of driving straight home, GPS data from the car showed them turning off into a Coburg side street.
The prosecution case, led by John Dickie, alleges that the woman was so affected by drugs or alcohol she was unable to give consent and she was raped by both men.
When they arrived at her house, Mr Palise tried to rouse her from the back seat before she got out, dishevelled and unsteady, CCTV showed.
Her partner, the court has previously heard, took her to hospital.
Prosecutors allege Mr Palise told an associate he and his friend had “f—ed the s— out of her” and they were “going off on her”.
Mr Palise doesn’t dispute that intercourse happened, but he says it was consensual and the complainant initiated sex, the court heard.
The woman has no memory of what took place that night, prosecutors said.
Mr Palise’s lawyer Malcolm Thomas said his client should be bailed due to the significant delays caused by the pandemic. New jury trials have been suspended until at least September but the court heard it could take another year before Mr Palise’s trial could be heard.
Mr Palise had strong family support, and could live and work with his parents should he be bailed, Mr Thomas said, offering a $50,000 surety.
While Judge Doyle said the delays in the case were significant, and Mr Palise could not have envisaged trials would get shut down, his time on remand would be less than the time he would spend in jail if the crimes were proven.
Judge Doyle noted physical reports to police stations for people on bail have also been suspended.
Mr Palise was remanded to face court at a later date.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.
Tammy Mills is the legal affairs reporter for The Age.