A rapist gunning for his conviction to be quashed has been granted bail, three weeks after he was sentenced for the crime.
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Ropati Dominic Finau, who goes by the nickname "Dom", was flanked by friends and family as he walked free from the ACT court cells on Wednesday.
The 26-year-old rugby player was sentenced to nine months' full time imprisonment on July 15, after a Supreme Court judge found him guilty of raping a then-18-year-old former work associate.
During Finau's judge-alone trial, the court heard he ran into his victim on a night out in Canberra city in November 2018. The pair bar-hopped around town together, and at the end of the night, Finau effectively invited himself into the young woman's apartment.
Chief Justice Helen Murrell found that Finau pinned the woman down in the apartment, struck her in the face when she tried to fight him off, and forced her to submit to "date rape".
The court heard the rugby player only stopped assaulting the victim when her cat jumped on the bed and interrupted, because Finau "f---ing hates cats".
"[The victim] repeatedly said words to the effect of 'get off me', 'this is not happening, stop it', and, 'no, stop, I don't want to have sex, I don't want you to do this', but he ignored her," Chief Justice Murrell said in her judgment.
"She was resisting and pushing against his windpipe. She was pushing and slapping him."
At Finau's sentencing, Chief Justice Murrell said the rugby player had continued to claim the sex was consensual. She said he had no doubt found it difficult to accept "his dramatic fall from grace".
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At each of Finau's court appearances, his family and friends have turned up in numbers to show their support.
Finau was meant to be released from jail in March 2021 after he was sentenced to a total two-and-a-half years' prison, to be suspended after nine months.
But on Wednesday, after he'd launched an appeal against his conviction, prosecutors didn't oppose his application for bail.
Finau's bail application was successful because he would have served a substantial period, if not all of the custodial portion of his sentence, by the time his appeal was heard and determined.
On Wednesday, when Finau was released from custody, a family member commented to The Canberra Times, "That'll be a good photo", as the rugby player was rushed out of the cell gates under a jacket and bundled into a waiting car.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
