Kenneth Paul Smoglian, a personal trainer and cocktail bar owner who previously competed as a boxer under the moniker 'Smogdog,' will remain in custody after withdrawing his application for bail. Smoglian, 39, is facing charges of assault, indecent assault, and engaging in sexual intercourse without consent.

Smoglian appeared via video-link from custody in Adelaide Magistrates Court on Thursday. His lawyer informed the court that no bail application would be pursued, citing "matters raised" in a recent report prepared by the prosecution. Prosecutors had been working with the alleged victim to address her safety concerns regarding Smoglian's potential release.

Police allege the offenses occurred over two days in American River, a coastal village on South Australia's Kangaroo Island. Court documents state that on June 12, Smoglian is accused of indecently assaulting a woman by touching her buttocks. The following day, June 13, he is alleged to have assaulted and raped the same woman. According to court papers, the charge of sexual intercourse without consent includes allegations that Smoglian "had sexual intercourse without [her] consent, knowing that she was not consenting... or being recklessly indifferent as to whether she consented."

Smoglian, who has yet to enter a plea, moved to Kangaroo Island from Melbourne after a divorce. He previously operated the Envy cocktail bar in Croydon, Melbourne, which he sold in 2018. He also worked as a personal trainer at East End Boxing in Melbourne. After a period in Adelaide, where he worked at The Moseley Bar and Kitchen in Glenelg, he moved to Kangaroo Island around 2021 to open Island Fitness.

Last week, the court heard that Smoglian's business was in financial decline due to his custody. His lawyer had previously argued that Smoglian had no one to run the business in his absence and lacked family support on the mainland.