A judge has found three men guilty of raping a young woman they met at Mooseheads.
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Former rugby union player Simon Vunilagi, 45-year-old Josefa Navunisinu Masivesi, 25-year-old Ratu Jone Pio Macanawai, and 22-year-old Isimeli Ilimeleki Natuwawa Vatanitawake faced a marathon ACT Supreme Court trial last month.
The catalyst for the three-week proceeding was a young woman's complaint to police, after she met the group at Mooseheads in the early hours of November 3 last year.
She said she went back with them to Masivesi's Downer unit, where each took turns raping her as Fijian music drowned out her cries and screams.
During the trial, prosecutors said Vunilagi was the ringleader among the four men - the one who orchestrated getting the young woman to come back to the unit, ordered his co-offenders into a bedroom, ordered the young woman to perform sexual acts, and prevented her from leaving.
On Friday, Vunilagi was the first to learn his fate.
Chief Justice Helen Murrell found him guilty of seven counts of rape and one act of indecency, and not guilty of a further three charges.
She found Masivesi guilty of all three charges he faced; committing an act of indecency, and two counts of rape.
In her judgment, Chief Justice Murrell described Masivesi as a "very unimpressive witness who, at times, presented as cavalier".
She said the 45-year-old gave evidence he stoically declined the young woman after she offered herself to him, having already willingly had sex with two of the other men.
The judge said Masivesi was "a drunken stranger" who was twice the young woman's age, and his claims were "contrary to ordinary human experience and common sense".
"On the other hand, he eagerly agreed with almost every proposition put to him by counsel for the co-accused," Chief Justice Murrell said.
"This was, perhaps unsurprising, given that he, Vatanitawake and Macanawai are 'like a family', having spent 10 months together in custody awaiting trial."
The judge found Vatanitawake guilty of raping the woman while in Vunilagi's company, and exonerated Mr Macanawai, finding him not guilty of two counts of rape.
"The real issue in the trial of Macanawai was whether the prosecution had proved beyond reasonable doubt that the third man was Macanawai," Chief Justice Murrell said.
"I consider it extremely likely that Macanawai was the third assailant ... [however], I am unable to exclude the possibility that the third man [to rape the young woman] was [someone else]."
Mr Macanawai was released from prison on Friday afternoon.
The judge described the victim as an "honest witness" who remained frank and open over the five days she gave evidence.
She said the young woman had gaps in her memory about what happened when she met the men at Mooseheads, but put this down to intoxication and a possible desire to believe that certain things could not have happened, rather than "selective memory".
READ MORE:
- Young woman chose not to flee alleged gang rape, barrister says
- Barrister suggests police bungled gang rape investigation
- Mooseheads bouncer booted 'rowdy' clubgoer who allegedly led gang rape, court told
- Barrister suggests engaged woman was out to 'pick up' before alleged gang rape
- 'You could have called Triple 0': Barrister tries to discredit alleged gang rape victim
- Fijian music drowned out woman's screams as she was gang raped in a Canberra unit, court told
While indictable sexual offences are normally tried before a jury in the ACT, all of the men faced a judge-alone trial because of COVID-19.
In Vunilagi's case and because of emergency laws, Chief Justice Murrell ordered his trial be judge-alone, despite him not consenting to that order.
Vunilagi, Vatanitawake and Masivesi will be sentenced on November 11.
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.
