Man jailed for raping dead mate's daughter appeals
A ROCKHAMPTON man who was jailed for raping his dead mate's daughter has appealed his conviction in the state's highest court.
The man, who cannot be identified under Queensland law, was sentenced to five years behind bars after being found guilty at trial last year in the Rockhampton District Court but he appealed his sentence on the grounds his conviction was unsafe.
Defence barrister Craig Chowdhury told the Queensland Court of Appeal yesterday there were too many contradictions in the girl's evidence for the conviction to stand.
He said the girl's versions of events were significantly flawed. "There are significant discrepancies in when the alleged rape occurred," he said.
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"She says she was picked up by a friend immediately after the rape occurred on the trampoline.
"But the person who she said picked her up gave evidence saying he did not pick her up until the following morning.
"She cannot event remember calling, messaging or speaking to the person she said picked her up."
Mr Chowdhury said the verdict was unsafe based purely on the girl's evidence alone.
He said the case was unusual in that three creditable witnesses had given similar version of events, but all of them completely contradicted what the girl told police.
"During a police interview she said she had smoked marijuana on the night the alleged rape occurred," he said.
"But then in another police interview she completely denied making the statement.
"What she has said has happened could not possibly have occurred just based on her own evidence."
Crown prosecutor Ben Power said the girl had never wavered in the details surrounding the rape.
He said she may have got confused about when exactly she was picked up but it was not a critical aspect of the case.
The court reserved its decision.