Newspaper article Fraser Coast Chronicle (Hervey Bay, Australia)

Rape Trial, Take Five

Newspaper article Fraser Coast Chronicle (Hervey Bay, Australia)

Rape Trial, Take Five

Article excerpt

Emma McBryde

APN Newsdesk

A FORMER Hervey Bay man who allegedly raped his stepdaughter is set to face trial a fifth time for the charges.

On Friday the Queensland Court of Appeal granted his appeal against eight sexual offences, and ordered a retrial.

Earlier this year, a jury found the man, who cannot be named, guilty of molesting the girl in the Caboolture and Deception Bay areas after he separated from her mother. The accused man appealed the conviction on the basis the trial judge made an error in discharging a juror who overheard a conversation he had with his partner while on a train during the Brisbane District Court trial.

The appeal court documents state juror number four told juror number seven she was sitting opposite the accused man and a woman when she overheard him acknowledging she was a juror. The man, however, argued in his appeal he did not know she was there.

The fourth juror recounted to the trial judge that she told the seventh juror how the pair spoke in raised voices just ahead of her when they reached their destination and left the train. …

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