Saimoni Vunilagi, Isimeli Vatanitawake, Josefa Masivesi lose appeals against rape convictions

Saimoni Vunilagi, Isimeli Vatanitawake and Josefa Masivesi sexually assaulted the victim after meeting her at Mooseheads and taking her from the nightclub to the latter's Downer unit in November 2019.

A fourth man was also involved and while Chief Justice Helen Murrell thought it was "extremely likely" to have been Ratu Macanawai, his identity could not be proven beyond reasonable doubt.

Vunilagi, a powerfully built man described as the "ringleader" of the incident, quickly took the victim, aged in her early 20s, to the unit's only bedroom upon arrival there.

The 33-year-old, also known as Simon, raped her before summoning Vatanitawake, who complied when told to join in.

The unknown assailant eventually took the place of Vatanitawake, 22, and continued the attack as what Chief Justice Murrell described as "loud Islander music" drowned out the victim's screams of pain.

Once this man had left the room, Masivesi, 46, entered and told Vunilagi to stop and get out.

He comforted the victim for a moment and assured her she should would be safe with him, then raped her as well.

After a nearly five-hour ordeal, the victim managed to escape the unit and seek help from a passer-by, who called a taxi for her.

Masivesi claimed at trial that he did not have sex with the woman at all.

Vunilagi and Vatanitawake also pleaded not guilty to the charges levelled at them, saying some alleged acts never occurred and what did happen was consensual.

But Chief Justice Murrell ultimately convicted the trio of a combined 12 offences, saying the victim's lack of consent had been clear.

The judge also said the ordeal was "particularly insulting" for the victim because the assailants had made her "part of the entertainment" as they drank and partied.

She sentenced Vunilagi to more than six years and three months behind bars, and Vatanitawake to two-and-a-half years.

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Masivesi, who received a sentence of two years and one month, had already been let out of prison on parole by the time the trio appeared in the ACT Court of Appeal on Tuesday.

He listened in from immigration detention as Justice David Mossop, who heard his appeal with Justice Chrissa Loukas-Karlsson and Justice Wendy Abraham, dismissed it.

The judges also dismissed appeals brought by Vunilagi and Vatanitawake, both of whom are still in jail despite the latter having been eligible for parole since March.

It had been nearly six months since the trio's appeal hearing, which took place over two days in May.

Barristers for the men argued Chief Justice Murrell's verdicts, reached after a lengthy judge-alone trial in the ACT Supreme Court, were "infected" by sexual stereotypes.

Steven Whybrow, representing Masivesi, told the Court of Appeal the trial judge had "bent over backwards" to find reasons not to reject the victim's evidence.

But ACT Director of Public Prosecutions Shane Drumgold SC urged the appeal judges to dismiss the men's challenges, as they ultimately did.

Mr Drumgold argued the offenders' counsel were trying to "recast the case" in appeals that had "no legs".

Vunilagi alone challenged the constitutional validity of his trial, failing on that front as well.

He will not be eligible for parole until June 2023.

The rapists will all ultimately be deported to their native Fiji.

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