PLEASE NOTE: the following article contains graphic detail of sexual assault and rape. These details may be confronting or triggering.
You might remember the horrifying story of an alleged rape by Sydney man Luke Lazarus, whose family owned former Kings Cross nightspot, Soho Nightclub.
Lazarus was convicted by a jury in February last year for the rape of of an 18-year-old woman in an alleyway behind his family’s nightclub. Police allege that in May 2013, Lazarus introduced himself to the woman as a part owner of the venue. He then allegedly offered to introduce her to the DJ before saying instead they would go into a VIP area. Instead he took her to the alley behind the club, where he allegedly anally raped her. The next day, he sent a text message to a friend, saying, “I honestly have zero recollection of calling you … Was a sick night – took a chick’s virginity. […] It’s a pretty gross story tell ya later”.
Now, the 23-year-old has been awarded a retrial after the NSW Court of Criminal Appeal upheld his claim that the judge in his original trial misdirected the jury.
Judge Sarah Huggett, the judge in the original trial, told the jury that it needed to decide whether there were reasonable grounds to believe that the woman had consented to having sex with Lazarus. This direction was inconsistent with the law, said Lazarus’ lawyers. Instead, the jury should have been told that they needed to decide whether the accused in fact had a “reasonable belief” at the time of the incident that the young woman had consented to sex.
“The court is in a position to say that it’s satisfied at this stage that ground two [of the appeal] has been made out,” Justice Hoeben said. “That would entitle the applicant to a new trial.”
He also suggested that the court would hand down the reasons for its decision in the next few weeks, at which point it would also make their finding on Lazarus’ first ground of appeal. So, it’s possible that, if that ground is upheld, the court will acquit Lazarus completely, meaning a retrial isn’t even required.
According to SMH, Lazarus appeared via video link during court, and broke down in tears when the news was delivered. He’s been granted bail with a $50k surety in the lead up to the final judgment.
Source: SMH.
Photo: Facebook/SMH.
