OMEN
04-18-2006, 09:09 AM
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Bilal Skaf ... guilty of gang rape
NOTORIOUS gang rapist Bilal Skaf has been convicted for a second time over a Sydney pack rape that sparked legal controversy and reform.
The 12-person jury in the NSW Supreme Court retrial took two days to reach guilty verdicts for Skaf and his associate, who can be referred to only as AA, over the August 2000 attack of a 16-year-old girl in Greenacre's Gosling Park.
Skaf, now 24, was convicted in 2002 on two counts of aggravated sexual intercourse without consent in company, while AA, now 22, was found guilty of being an accessary before the fact.
They were among up to 14 men allegedly involved in the attack.
Skaf made NSW legal history when he was sentenced to a record 55 years in jail for leading a string of vicious gang rapes – including the Gosling Park attack – in Sydney's south-west in 2000.
But the NSW Court of Criminal Appeal in 2004 quashed Skaf and AA's convictions over the Gosling Park park attack and ordered a retrial after it was revealed that, during the trial, two jurors conducted their own investigations at the scene of the rape.Skaf remained behind bars while awaiting retrial, with his sentence for other sex offences having been reduced to a maximum 28 years on appeal.
AA's overturned conviction and a subsequent appeal resulted in his jail term for the same series of attacks being reduced from 32 to 19 years.
The actions of the jurors in their original trial prompted the NSW government to make it illegal for any juror to conduct private investigations outside court, including visits to any crime scene.
It also led to a law allowing sexual assault victims to avoid giving evidence at retrials, instead testifying via transcript or video.
The gang rape victim was not required to be in court for the Skaf retrial, and her transcript evidence from the previous trial was re-enacted for the jurors.
It is believed to be the first time the new evidence laws have been used.
The officer in charge of the case, Detective Senior Constable Ed Walsh, said today's guilty verdicts were a triumph for the new laws.
"The victim in this matter had refused to go ahead with any subsequent retrial and the new legislation gave her a second chance," Det Sen Con Walsh told reporters.
"It's very satisfying the new legislation that was passed specifically in relation to this trial has come through for us, and it's enabled us to have a win here today."
Jurors were also taken to Gosling Park at the relevant time of night for an examination of the scene, he said.
"I think the lighting at the park was a very important factor," he said.
"Perhaps a viewing in the previous trial may have alleviated the problem but it was done this time."
Acting Justice Jane Mathews thanked the jury – six men and six women – for their conscientiousness in the "most unusual retrial".
Crown prosecutor Priscilla Adey said the pair's other convictions meant there was "some complexity" in re-sentencing in the case.
AA's barrister Matthew Johnston asked for some time to gather medical evidence because his client had been unwell between the initial trial and retrial.
Acting Justice Mathews said there were "a lot of reasons for (sentencing) in as short a time as possible", but adjourned submissions until April 26.
News.AU
It's scum like this that should never be let out of prison again.
Bilal Skaf ... guilty of gang rape
NOTORIOUS gang rapist Bilal Skaf has been convicted for a second time over a Sydney pack rape that sparked legal controversy and reform.
The 12-person jury in the NSW Supreme Court retrial took two days to reach guilty verdicts for Skaf and his associate, who can be referred to only as AA, over the August 2000 attack of a 16-year-old girl in Greenacre's Gosling Park.
Skaf, now 24, was convicted in 2002 on two counts of aggravated sexual intercourse without consent in company, while AA, now 22, was found guilty of being an accessary before the fact.
They were among up to 14 men allegedly involved in the attack.
Skaf made NSW legal history when he was sentenced to a record 55 years in jail for leading a string of vicious gang rapes – including the Gosling Park attack – in Sydney's south-west in 2000.
But the NSW Court of Criminal Appeal in 2004 quashed Skaf and AA's convictions over the Gosling Park park attack and ordered a retrial after it was revealed that, during the trial, two jurors conducted their own investigations at the scene of the rape.Skaf remained behind bars while awaiting retrial, with his sentence for other sex offences having been reduced to a maximum 28 years on appeal.
AA's overturned conviction and a subsequent appeal resulted in his jail term for the same series of attacks being reduced from 32 to 19 years.
The actions of the jurors in their original trial prompted the NSW government to make it illegal for any juror to conduct private investigations outside court, including visits to any crime scene.
It also led to a law allowing sexual assault victims to avoid giving evidence at retrials, instead testifying via transcript or video.
The gang rape victim was not required to be in court for the Skaf retrial, and her transcript evidence from the previous trial was re-enacted for the jurors.
It is believed to be the first time the new evidence laws have been used.
The officer in charge of the case, Detective Senior Constable Ed Walsh, said today's guilty verdicts were a triumph for the new laws.
"The victim in this matter had refused to go ahead with any subsequent retrial and the new legislation gave her a second chance," Det Sen Con Walsh told reporters.
"It's very satisfying the new legislation that was passed specifically in relation to this trial has come through for us, and it's enabled us to have a win here today."
Jurors were also taken to Gosling Park at the relevant time of night for an examination of the scene, he said.
"I think the lighting at the park was a very important factor," he said.
"Perhaps a viewing in the previous trial may have alleviated the problem but it was done this time."
Acting Justice Jane Mathews thanked the jury – six men and six women – for their conscientiousness in the "most unusual retrial".
Crown prosecutor Priscilla Adey said the pair's other convictions meant there was "some complexity" in re-sentencing in the case.
AA's barrister Matthew Johnston asked for some time to gather medical evidence because his client had been unwell between the initial trial and retrial.
Acting Justice Mathews said there were "a lot of reasons for (sentencing) in as short a time as possible", but adjourned submissions until April 26.
News.AU
It's scum like this that should never be let out of prison again.