This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/australia-news/2016/mar/02/teenage-girl-faces-new-trial-after-alleged-abusers-conviction-quashed

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Teenage girl faces new trial after alleged abuser’s rape conviction quashed Teenage girl must testify at second trial after alleged abuser’s rape conviction quashed
(35 minutes later)
A teenage girl faces having to testify a second time over her claim that she was raped at the age of 10 after the conviction of her alleged abuser was quashed.A teenage girl faces having to testify a second time over her claim that she was raped at the age of 10 after the conviction of her alleged abuser was quashed.
The Queensland court of appeal has ordered a retrial because the judge failed to tell the jury in the case that the apparent absence of a motive for the girl to lie did not mean she was truthful.The Queensland court of appeal has ordered a retrial because the judge failed to tell the jury in the case that the apparent absence of a motive for the girl to lie did not mean she was truthful.
The girl, who gave evidence in the trial last year in the Cairns district court, accused Michael Joseph Coss of raping her in her bedroom between 2009 and 2010.The girl, who gave evidence in the trial last year in the Cairns district court, accused Michael Joseph Coss of raping her in her bedroom between 2009 and 2010.
But in a unanimous ruling on Tuesday, the appeal court found that Coss had suffered a “miscarriage of justice”.But in a unanimous ruling on Tuesday, the appeal court found that Coss had suffered a “miscarriage of justice”.
Coss, a “drinking mate” of the girl’s father and a guest in their home, claimed the girl had fabricated the complaint because she did not like him or her father’s then partner and wanted to leave home.Coss, a “drinking mate” of the girl’s father and a guest in their home, claimed the girl had fabricated the complaint because she did not like him or her father’s then partner and wanted to leave home.
In his closing address to the jury last year, the trial prosecutor rejected any “possible motive” for the girl making up allegations that Coss had forced his penis into her mouth and vagina without her consent.In his closing address to the jury last year, the trial prosecutor rejected any “possible motive” for the girl making up allegations that Coss had forced his penis into her mouth and vagina without her consent.
He said when the girl told her mother she was raped, she was no longer living with her father nor had any contact with his former partner or Coss.He said when the girl told her mother she was raped, she was no longer living with her father nor had any contact with his former partner or Coss.
He suggested it was “extremely doubtful whether [the girl] would have the motivation or the capacity to construct a lie like that in the first place or the stamina to maintain it over a number of years”.He suggested it was “extremely doubtful whether [the girl] would have the motivation or the capacity to construct a lie like that in the first place or the stamina to maintain it over a number of years”.
“Did she appear to be the kind of girl who would be able to plan and pursue a vendetta against [Coss] for no reason at all?” the prosecutor told the jury.“Did she appear to be the kind of girl who would be able to plan and pursue a vendetta against [Coss] for no reason at all?” the prosecutor told the jury.
“If [she] is lying, how is she benefited by making a false complaint against [him]? She didn’t seem to be enjoying herself too much when she was talking to the police or during cross-examination.“If [she] is lying, how is she benefited by making a false complaint against [him]? She didn’t seem to be enjoying herself too much when she was talking to the police or during cross-examination.
“You may think that she was clearly embarrassed talking about the offences, despite her generally positive demeanour. So why would [she] choose to subject herself to police interviews, court proceedings, cross-examination, over a period of two years, if there was no substance to what she was saying?”“You may think that she was clearly embarrassed talking about the offences, despite her generally positive demeanour. So why would [she] choose to subject herself to police interviews, court proceedings, cross-examination, over a period of two years, if there was no substance to what she was saying?”
Appeal court president Margaret McMurdo, in a published judgment, said the prosecutor was “entitled to address the jury as to why they should not accept the motives for giving false evidence”.Appeal court president Margaret McMurdo, in a published judgment, said the prosecutor was “entitled to address the jury as to why they should not accept the motives for giving false evidence”.
But the district court judge “failed to instruct the jury that, even if they found no evidence of any motive to lie, this did not establish that such a motive did not exist”, she said.But the district court judge “failed to instruct the jury that, even if they found no evidence of any motive to lie, this did not establish that such a motive did not exist”, she said.
This created a “real possibility that the jury may have impermissibly reasoned that they could be more easily satisfied beyond reasonable doubt that the complainant’s evidence was reliable as there was no evidence of any motive for her to make up these allegations”.This created a “real possibility that the jury may have impermissibly reasoned that they could be more easily satisfied beyond reasonable doubt that the complainant’s evidence was reliable as there was no evidence of any motive for her to make up these allegations”.
McMurdo said “if there was a motive [Coss] may not know of it; there may be many reasons why a person may make a false complaint”.McMurdo said “if there was a motive [Coss] may not know of it; there may be many reasons why a person may make a false complaint”.
She said if the jury found “no evidence of a motive to lie, this did not necessarily mean the complainant was truthful; it remained necessary to satisfy themselves that she was truthful”.She said if the jury found “no evidence of a motive to lie, this did not necessarily mean the complainant was truthful; it remained necessary to satisfy themselves that she was truthful”.