Miss-Delectable
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http://www.thecouriermail.news.com.au/common/story_page/0,5936,18021121%5E3102,00.html
TWO men accused of raping a deaf mute woman in her southern Brisbane home walked free from court yesterday afternoon after they were found not guilty of the crime.
A Brisbane District Court jury took less than four hours to acquit Leigh Evan Hardwidge and Selwyn Allan Russon of one charge of rape.
The case centred on a sexual encounter between the trio three and a half years ago which the Crown claimed was without the woman's consent but which the men maintained was consensual.
Both men had pleaded not guilty to the charge.
The court was told Hardwidge and the woman had met during a night out at a local RSL club on July 4, 2002, and communicated via a series of notes scribbled on paper.
The woman eventually invited the man and his two friends – one of whom was Russon – back to the her house.
The group, including three of the woman's hearing-impaired friends spent time together in the house before Hardwidge and the woman went to her bedroom.
Prosecutor Peter Feeney had told the jury in his opening address that the woman and Hardwidge were kissing in the bedroom when Russon walked in on them uninvited and raped her while Hardwidge helped restrain her.
The Crown did not allege Hardwidge had physically raped her but he was charged with rape on the basis of having allegedly held her down during the crime.
Mr Feeney told the jury in his address that before the alleged rape had occurred, the victim had picked up on a conversation between the men where she believed they were wanting a threesome, but she made it clear she was only interested in sex with Hardwidge.
But the court was told the men maintained the sex had occurred with the woman's consent.
Hardwidge and Russon showed relief when the verdict was delivered.
Outside court, Russon's solicitor Rod Mugford and barrister Wayne Tolton said their client was glad the case was over.
Mr Mugford said the case had been hanging over their client's head for almost four years.
"He just wants to put the matter behind him," Mr Mugford said.
Hardwidge's legal team declined to comment on the verdict.
TWO men accused of raping a deaf mute woman in her southern Brisbane home walked free from court yesterday afternoon after they were found not guilty of the crime.
A Brisbane District Court jury took less than four hours to acquit Leigh Evan Hardwidge and Selwyn Allan Russon of one charge of rape.
The case centred on a sexual encounter between the trio three and a half years ago which the Crown claimed was without the woman's consent but which the men maintained was consensual.
Both men had pleaded not guilty to the charge.
The court was told Hardwidge and the woman had met during a night out at a local RSL club on July 4, 2002, and communicated via a series of notes scribbled on paper.
The woman eventually invited the man and his two friends – one of whom was Russon – back to the her house.
The group, including three of the woman's hearing-impaired friends spent time together in the house before Hardwidge and the woman went to her bedroom.
Prosecutor Peter Feeney had told the jury in his opening address that the woman and Hardwidge were kissing in the bedroom when Russon walked in on them uninvited and raped her while Hardwidge helped restrain her.
The Crown did not allege Hardwidge had physically raped her but he was charged with rape on the basis of having allegedly held her down during the crime.
Mr Feeney told the jury in his address that before the alleged rape had occurred, the victim had picked up on a conversation between the men where she believed they were wanting a threesome, but she made it clear she was only interested in sex with Hardwidge.
But the court was told the men maintained the sex had occurred with the woman's consent.
Hardwidge and Russon showed relief when the verdict was delivered.
Outside court, Russon's solicitor Rod Mugford and barrister Wayne Tolton said their client was glad the case was over.
Mr Mugford said the case had been hanging over their client's head for almost four years.
"He just wants to put the matter behind him," Mr Mugford said.
Hardwidge's legal team declined to comment on the verdict.