Australian MP 'raped woman on red velvet office couch'

[frigidmagi]

timesonline

An Australian MP raped a woman on a velvet couch in his office during a late-night tour of parliament, a court has heard.

Theo Theophanous, a former cabinet minister in the Victorian parliament, is charged with raping the woman in 1998.

At a committal hearing today, Melbourne Magistrate's Court was told Mr Theophanous, 61, knew the woman socially through mutual friends in Melbourne's Greek community.

The former Minister of Industry for Victoria invited the woman, who was then 34, on a tour of Parliament House after they had a drink together late one evening.

He assured her that there was good security in the building, and a lot of people would be working late.

Prosecutor Michele Williams SC said the pair entered Parliament through a side door which led to a dimly-lit hallway.

Mr Theophanous then tried to lead the woman into a dimly lit amphitheatre but she resisted, the court heard.

Ms Williams said the woman, feeling scared, asked to go to the bathroom and was taken to a toilet near Mr Theophanous' parliamentary chambers.

While in the bathroom she called several friends on her mobile phone to say she felt scared, the court heard.

The pair ended up in Mr Theophanous' chambers where, despite the woman saying she felt uncomfortable, the MP told her; "Come to me, I want a hug''. He then pushed her onto his red velvet couch and raping her, with his hand over her face and throat, the court heard.

The rape ended when the woman's mobile phone rang and she spoke on the phone to her friend.

As the pair left Parliament, Mr Theophanous allegedly told the woman: ``What I like about you is that you are loyal," the court was told.

Ms Williams said the woman did not go to police because she believed that Mr Theophanous was threatening her, including saying that he would cut off her parents' pension and make her brother do army service in Greece.

"The complainant did not report the matter to the police because of the position and status of the defendant," Ms Williams said.

The court heard she later went to a solicitor and then police to report the matter.

Mr Theophanous' lawyer Robert Richter, QC, described the woman as manipulative and a fabricator of stories.

He said the woman initially said the rape was in the year 2000 and had told 17 versions of the rape story to police.

The woman was motivated by spite and was a self-confessed drug addict, he said.

The hearing continues.

If this is true I hope he ends up where he belongs... In jail.

[The Cleric]

Is there any corroborating testimony from the friends? A call like that made to me from a female acquaintance would stick with me for a while, not to mention the interrogation I'd put her through the next time I saw her.

[Stofsk]

Is there any corroborating testimony from the friends?

The case is in the committal stage, which is pointless exercise anyway - the magistrate may or may not decide to commit the case to trial by jury, but if he doesn't the Director of Public Prosecutions can directly present the case to trial anyway. It's rare for a magistrate to not commit a case to trial, because the parameters they operate under are fairly curtailed (for example, the test they're supposed to apply is not whether a jury would or should convict, but whether they could convict - meaning the evidence doesn't have to be set too high for a case to be committed to trial; also, evidence that is heard at the committal stage doesn't necessarily make it to the trial stage, which is an interesting slap in my face, because evidence that was eventually deemed irrelevant later on down the track was enough for my committing magistrate to send me to trial... thanks a lot, buddy).

Anyway. I wouldn't get too worked up about this case just yet. It would be interesting to see what the rest of the week holds for it. I know Prosecutor Michele Williams' reputation, she's tough and experienced, but Robert Richter is lauded as the best defence barrister in Victoria. They're both Silks, so it would be interesting to sit in on the case.

I'm personally non-committal on the subject, if only due to the fact I don't know much about the evidence. I know the guy's nephew, he's an old friend of mine, but I haven't actually asked him about his uncle's case. I haven't heard anything that makes me think this guy is guilty. Even what was written in the article seems like sordid and non-corroborated allegations. He used to be a front-bencher in the Victorian Government's Cabinet, now his career is finished. Even if he wins this, he's gone. (I don't vote Labor anyway)

[Cpl Kendall]

Silks? Is that a particular law school in Australia or something else?

[Stofsk]

Silks? Is that a particular law school in Australia or something else?

It's a term used to describe Queen's Counsels or Senior Counsels, QCs or SCs respectively. Robert Richter is a QC and Michele Williams is a SC.

'Silks' is a reference to the gowns they wear, which are slightly different to what junior barristers wear (for one thing, they have a silk embroidery on the back).

[Stofsk]

Update for anyone who is interested, the matter was thrown out by the magistrate.

http://www.news.com.au/story/0,27574,25 ... 21,00.html

Politician's rape charge dismissed

By Daniel Fogarty

AAP

July 24, 2009 04:17pm

* Rape allegedly happened in 1998
* Insufficient evidence for a trial
* Theophanous to consider political future

VICTORIAN state MP Theo Theophanous will consider his political future over the weekend after being cleared of a rape charge.

In dismissing the charge against the former cabinet minister, Magistrate Peter Reardon said little credence could be placed on the unreliable evidence of the complainant.

He said the case lacked credibility and he questioned the objectivity of investigators.

It had been alleged Mr Theophanous, 61, raped a woman on a couch at parliament house in September 1998.

After being told by Mr Reardon he would not stand trial following a 15-day committal hearing, Mr Theophanous sobbed and hugged family members.

The former industry minister thanked his wife, whom he said "never stopped believing in me ... and knows who I am".

But he admitted his reputation would be tarnished by the accusations.

"It is impossible for one's reputation not to be damaged in these circumstances," he said.

He described the decision as "landmark" and said he would consider his future.

"I don't know where I go from here. I am going to take the weekend to think about it," he said.

"I will try to talk to the Premier, if I can, and I will consider what I and my family want to do in the future.

"I think we have already made a very significant contribution in this state."

Mr Theophanous resigned from Cabinet after he was charged late last year but he remains a member of the Upper House and has nominated for Labor pre-selection.

He described the case as an "emotional rollercoaster".

"It is such a traumatic experience of not knowing where your life is going to go," he said.

Mr Reardon said the complainant might believe in her own mind that she was raped, but the evidence did not show she was.

"She was an entirely unreliable witness," Mr Reardon said.

"I can place little, if any credence on her allegation of rape in this matter.

"I have concluded in this particular case that the prosecution case is not sustainable. It is
inherently weak, lacks credibility, reliability and truthfulness."

The Office of Public Prosecutions can elect to directly present Mr Theophanous to trial if they believe Mr Reardon made the decision in error, but no decision had been made.

Prosecutor Michele Williams SC had alleged Mr Theophanous forcefully raped the woman after the pair shared a coffee.

In a statement to the court, the complaint described feeling "trapped" as she was raped.

But Mr Theophanous' lawyer Robert Richter QC said the case was "weak" and a disservice to real rape victims.

"In my submission, this investigation and prosecution does a great disservice to all victims of rape and there are many, many real victims of rape," Mr Richter said.

"What has happened here is no basis for destroying the lives of families and reputation of a minister of the Crown as he then was."

I'll be interested to see what happens monday morning, if anything. The DPP can still directly present him to trial. I doubt he will, though.

I had the same magistrate, as it turns out. Funny ol' world we live in.