A man who was sentenced to seven years in prison for multiple sex offences has been given a retrial after evidence from two exes who claimed he was “friendly, gentle, kind and caring” was not heard during his original trial.
Per The Guardian, the man was sentenced in NSW in December 2020 after he was found guilty of two counts of aggravated sexual intercourse without consent, five counts of sexual intercourse without consent and two counts of common assault committed against his wife.
The state’s court of criminal appeal approved the man for a retrial last week after determining the unheard evidence resulted in a possible wrongful conviction.
Apparently, the man’s solicitor in the original trial didn’t tell the lawyer representing him in court about the character statements from the man’s former partners. That meant they were never submitted to the court as evidence so weren’t taken into consideration when he was convicted 20 months ago.
The retrial was granted for boring legal reasons and doesn’t necessarily change the rest of the evidence or mean the court will rule any differently this time around.
The two former partners were both in long-term relationships with the man before his arranged marriage to the alleged victim in 2018.
It was alleged that the offences happened during the couple’s honeymoon, but the man claimed anything sexual that happened during that time was consensual. He also denied being controlling or violent towards the alleged victim.
Statutory declarations were signed by both former partners, confirming they would confidently give supporting evidence in court.
One ex who was with the man for three years said he “never laid a hand” on her and “cannot imagine” the man to be a violent person.
The other ex — who dated the man for two years — said it was “unbelievable” he was facing these serious charges considering he was the kind of person who “would give you the shirt from his back in a second”.
His convictions have now been retracted and he’ll face a new trial in the future. A mention hearing will begin the retrial process this week.
Help is available.
If you require immediate assistance, please call 000.
If you’d like to speak to someone about sexual violence, please call the 1800 Respect hotline on 1800 737 732 or chat online.
Under 25? You can reach Kids Helpline at 1800 55 1800 or chat online.
