MAN WRONGFULLY JAILED AFTER WIFE’S FAKE RAPE CLAIMS, SUES GOVERNMENT
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A Sydney man is seeking more than half a million dollars in damages from the NSW Government for maliciously prosecuting a false rape claim made against him by his North Shore paediatrician wife.
A jury acquitted the man, who cannot be identified for legal reasons, of rape, domestic violence, assault and other charges in 2017 after Sydney District Court Judge Mark Williams issued a rare Prasad direction.
A Prasad direction allows a jury to find a defendant not guilty any time after the close of the Crown in cases where there is insufficient evidence to justify a conviction.
On legal advice, the man had pleaded guilty to two counts of domestic violence — relating to an email and damage to his then-wife’s mobile phone (after discovering explicit text messages between her and another man) but the judge dismissed those charges without recording a conviction.
The man spent 32 days in jail on remand, an “extraordinarily difficult” experience given he had no criminal record and one that continues to haunt him to this day.
“I was never far from ending it all after my release from prison,” he told news.com.au yesterday. “The actions of police were so deliberate and savage that it made me doubt everything.”
The judge slammed the case against the man as “most unsatisfactory” and said prosecutors had failed to take into account “cogent and consistent objective evidence” that backed up the man’s claim that the sexual encounter at the heart of the rape charge was in fact consensual.
Defence lawyer Greg Walsh told the court the man and his legal team took photographic evidence that corroborated his story and discredited hers to the police, but it was ignored. “Was it ideological, was it wilful blindness? I don’t know,” Mr Walsh said. “All the evidence pointed to the fact that this was an innocent man who should not have been charged.”
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