Law firm partner accused of rape at Sydney home loses $3 million lawsuit
A law firm partner in his 50s who was charged with sexually assaulting a 21-year-old junior staffer at his Sydney home after cocaine- and alcohol-fuelled Melbourne Cup celebrations has lost a malicious prosecution case against the state of NSW.
Details of the rape allegations can be revealed after the senior lawyer unsuccessfully sued the state for more than $3 million in damages for claimed false imprisonment, malicious prosecution and misfeasance in public office.
The NSW Supreme Court said the man was charged with sexual assault in December 2019 along with his close friend, dubbed Mr K, who 'undertook work for the law firm'.
The firm 'had a branch in Sydney and another branch or branches outside of Sydney', Supreme Court Justice Belinda Rigg said.
The woman had travelled to Sydney for a Melbourne Cup function hosted by her employer in 2019.
'A joint jury trial of both men in the NSW District Court was terminated on May 11, 2021 when, during the course of the complainant's evidence, she indicated that she was not prepared to continue, and the Director [of Public Prosecutions] discontinued the proceedings.'
'She said that she, [the female solicitor], the barrister and Mr K all had cocaine.'
Supreme Court Justice Belinda Rigg
The law firm partner alleged as part of his malicious prosecution suit that the NSW detective who investigated the rape allegations was motivated to appease the complainant and her family because one of her relatives, whom he had never met, was 'a high-ranking … police officer' interstate.
'I never met the guy. Why would I be influenced by that?' the detective said during his evidence in the Supreme Court.
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