Ballarat rape accused found not guilty

Updated November 2 2012 - 3:09pm, first published September 9 2010 - 2:56pm
Ballarat rape accused found not guilty
Ballarat rape accused found not guilty

A JURY has found the three men accused of the rape of a 21-year-old university student in Ballarat last year not guilty on all counts.A jury of eight men and four women returned the verdict shortly before 1pm yesterday after more than nine hours of deliberations.Brothers, Charles Anthony Smith, of Ballarat North, and Matthew Benjamin Smith, of Point Cook, both 21, along with Bennet Crouch, 22, of Wendouree, were alleged to have raped the women after a night out on June 7 last year.The trio met the woman at Side By Side bar before going back to Charles Smith's home where it was alleged the offences took place.The many family and friends present in court showed restrained joy as not-guilty verdicts were read out for the entire 11 charges.Tears of relief were shed by those sitting in the body of the court and the prisoner's dock as the jury's decision was revealed. Barrister Phillip Priest QC, defence counsel for Charles Smith, said he was not surprised by the verdict."On the evidence presented in the case, it was the right result,"Mr Priest said.During the trial he told the court the woman was an accomplished liar who had woven lies into the fabric of the truth.He said there were six lies in the woman's evidence, referring to them as a "six-pack of lies.''Instrumental to the defence case was corroborating details given by two of the accused men in their police interviews.The prosecution case was also weakened by CCTV footage taken from the bar in which the woman met the men.The woman had claimed to have only kissed Charles Smith once at the night spot with a peck on the cheek, but the footage showed this to be false with her kissing him many times in a passionate manner.Charles Smith and Bennet Crouch had pleaded not guilty in the County Court at Ballarat to 11 charges, while Matthew Smith had pleaded not guilty to six charges.Earlier in the day the jury had asked Judge Howard Mason for clarification on questions relating to consent. Within 15 minutes they were back, returning not guilty verdicts.

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