Latest news with #WayneRobertGreen
ABC News
2 days ago
- ABC News
Qld farmer wins appeal to overturn conviction for raping British backpacker
A Queensland farmer found guilty by a jury of sexual offences against a British backpacker working on his farm in the South Burnett has successfully appealed his conviction. Wayne Robert Green was found guilty by a jury in the District Court in Kingaroy of one count each of rape and procuring a sexual act by intimidation in May 2024. The jury found Mr Green had raped a then-21-year-old UK woman while she worked on his Mondure farm near Murgon, about 250 kilometres north-west of Brisbane, in 2017. During the trial, the Crown successfully argued Mr Green had threatened the woman that he would not sign her visa paperwork or pay her for her farm work unless she performed sexual acts. Mr Green was sentenced to three years and six months in prison. He lodged an appeal in the Queensland Court of Appeal in February, claiming the pair had an agreement where sex would be exchanged for her visa and farm work payment. In his appeal, Mr Green argued a miscarriage of justice had occurred because the complainant had been allowed to give her evidence via video link from the United Kingdom. The appeal decision stated this created several disruptions to the evidence, including technology issues with the microphone, delay in transmission, and the link dropping out three times for a total of one hour and 13 minutes. The ruling found there had also been a miscarriage of justice because the complainant gave evidence while it was night-time in the UK, starting her evidence at 12:55am local time and concluding at 7:21am local time. "It is apparent from viewing her recorded evidence that she grew weary, yet cross-examination continued," the judgement stated. The judgement referred to the complainant mentioning in her evidence about the lateness of the hour and "having trouble dealing with cross-examination at such a late hour". Another ground of appeal successfully upheld related to the trial judge, Judge Glen Cash, directing the jury to a matter of contested fact, which the Court of Appeal found had been a miscarriage of justice. The comment related to the judge directing the jury to "be cautious before reaching conclusions about whether [the complainant's] behaviour is consistent or inconsistent with her allegations being true". The judgement found this comment provided an "unfair impact" on the verdict. The Court of Appeal, in a unanimous decision, ordered a new trial for Mr Green and set aside his convictions.
Perth Now
2 days ago
- Perth Now
Farmer facing fresh backpacker rape trial
A farmer who was found guilty of raping a British backpacker will face a fresh trial after Queensland's highest court overturned his conviction, ruling his first trial was marred by a miscarriage of justice. In a decision handed down on Friday, the Queensland Court of Appeal set aside Wayne Robert Green's convictions for procuring a sexual act by intimidation and rape, ordering a new trial on both charges. The ruling comes more than a year after a Kingaroy District Court jury found the Mondure farmer guilty on two counts following allegations from a backpacker who worked on his property. Green, 54, had pleaded not guilty to all charges but was jailed for more than three years in May 2024. Wayne Robert Green, a Mondure farmer, will face a fresh trial after an appeal court overturned his sexual assault convictions. Photo: Andrew Hedgman Credit: News Corp Australia Prosecutors claimed the woman, who had just $4 to her name and needed to complete 88 days of farm work to extend her visa, was offered money or the chance to keep her job in exchange for sex. The Kingaroy District Court was told she feared losing her visa and being left stranded in Australia if she refused. It was alleged Green sexually assaulted and raped her on separate occasions, including one incident where he was said to have been naked, aggressive, and pushing her head down during oral sex. The woman told the court she felt she had 'no choice,' while the defence argued her accounts were inconsistent, that her diary entries suggested she was relaxed during her stay, and that no forensic evidence supported the claims. Judges have ruled the rape trial was compromised, ordering the Green to face court again. Credit: News Corp Australia Justices John Bond and Robert Gotterson found his trial had been compromised by a comment made by the trial judge during the summing-up to the jury. The judge had remarked that if the complainant 'actually' believed she would lose her job if she did not perform sex acts, then her behaviour would have been different to what she reported. The appeal court found this rhetorical comment undermined the jury's impartiality, stating it was 'not a neutral statement' and may have influenced jurors toward a guilty verdict. The court also criticised the handling of the complainant's evidence, which was given via video link from the United Kingdom. Repeated technical failures and delays left the complainant 'tired' and 'really stressed' during questioning, potentially affecting her credibility in the eyes of the jury. After his convictions were overturned, Green will face a new trial on serious sexual offence charges. Photo: Andrew Hedgman Credit: News Corp Australia The justices said measures should have been taken to improve the process and address her fatigue to ensure fairness. On the count of procuring a sexual act by intimidation, the court found the evidence, particularly around the complainant's visa and employment situation, was not capable of proving intimidation as legally defined under Queensland's Criminal Code. The combined effect of the judicial comment, the video link problems, and the evidence issues meant the trial was unfair. Mr Green will now face a new trial on the two charges. He had been acquitted on a third charge at his original hearing. At sentencing, Judge Glen Cash said Green, a father of three, was 'aware of her circumstances' that the victim had no money and a desire to stay in Australia on her visa. He will now return to court at a later date for the charges to be tried again.
West Australian
2 days ago
- West Australian
Rape conviction overturned: South Burnett farmer wins rape appeal
A farmer who was found guilty of raping a British backpacker will face a fresh trial after Queensland's highest court overturned his conviction, ruling his first trial was marred by a miscarriage of justice. In a decision handed down on Friday, the Queensland Court of Appeal set aside Wayne Robert Green's convictions for procuring a sexual act by intimidation and rape, ordering a new trial on both charges. The ruling comes more than a year after a Kingaroy District Court jury found the Mondure farmer guilty on two counts following allegations from a backpacker who worked on his property. Green, 54, had pleaded not guilty to all charges but was jailed for more than three years in May 2024. Prosecutors claimed the woman, who had just $4 to her name and needed to complete 88 days of farm work to extend her visa, was offered money or the chance to keep her job in exchange for sex. The Kingaroy District Court was told she feared losing her visa and being left stranded in Australia if she refused. It was alleged Green sexually assaulted and raped her on separate occasions, including one incident where he was said to have been naked, aggressive, and pushing her head down during oral sex. The woman told the court she felt she had 'no choice,' while the defence argued her accounts were inconsistent, that her diary entries suggested she was relaxed during her stay, and that no forensic evidence supported the claims. Justices John Bond and Robert Gotterson found his trial had been compromised by a comment made by the trial judge during the summing-up to the jury. The judge had remarked that if the complainant 'actually' believed she would lose her job if she did not perform sex acts, then her behaviour would have been different to what she reported. The appeal court found this rhetorical comment undermined the jury's impartiality, stating it was 'not a neutral statement' and may have influenced jurors toward a guilty verdict. The court also criticised the handling of the complainant's evidence, which was given via video link from the United Kingdom. Repeated technical failures and delays left the complainant 'tired' and 'really stressed' during questioning, potentially affecting her credibility in the eyes of the jury. The justices said measures should have been taken to improve the process and address her fatigue to ensure fairness. On the count of procuring a sexual act by intimidation, the court found the evidence, particularly around the complainant's visa and employment situation, was not capable of proving intimidation as legally defined under Queensland's Criminal Code. The combined effect of the judicial comment, the video link problems, and the evidence issues meant the trial was unfair. Mr Green will now face a new trial on the two charges. He had been acquitted on a third charge at his original hearing. At sentencing, Judge Glen Cash said Green, a father of three, was 'aware of her circumstances' that the victim had no money and a desire to stay in Australia on her visa. He will now return to court at a later date for the charges to be tried again.
News.com.au
2 days ago
- News.com.au
Rape conviction overturned: South Burnett farmer wins rape appeal
A farmer who was found guilty of raping a British backpacker will face a fresh trial after Queensland's highest court overturned his conviction, ruling his first trial was marred by a miscarriage of justice. In a decision handed down on Friday, the Queensland Court of Appeal set aside Wayne Robert Green's convictions for procuring a sexual act by intimidation and rape, ordering a new trial on both charges. The ruling comes more than a year after a Kingaroy District Court jury found the Mondure farmer guilty on two counts following allegations from a backpacker who worked on his property. Green, 54, had pleaded not guilty to all charges but was jailed for more than three years in May 2024. Prosecutors claimed the woman, who had just $4 to her name and needed to complete 88 days of farm work to extend her visa, was offered money or the chance to keep her job in exchange for sex. The Kingaroy District Court was told she feared losing her visa and being left stranded in Australia if she refused. It was alleged Green sexually assaulted and raped her on separate occasions, including one incident where he was said to have been naked, aggressive, and pushing her head down during oral sex. The woman told the court she felt she had 'no choice,' while the defence argued her accounts were inconsistent, that her diary entries suggested she was relaxed during her stay, and that no forensic evidence supported the claims. Justices John Bond and Robert Gotterson found his trial had been compromised by a comment made by the trial judge during the summing-up to the jury. The judge had remarked that if the complainant 'actually' believed she would lose her job if she did not perform sex acts, then her behaviour would have been different to what she reported. The appeal court found this rhetorical comment undermined the jury's impartiality, stating it was 'not a neutral statement' and may have influenced jurors toward a guilty verdict. The court also criticised the handling of the complainant's evidence, which was given via video link from the United Kingdom. Repeated technical failures and delays left the complainant 'tired' and 'really stressed' during questioning, potentially affecting her credibility in the eyes of the jury. The justices said measures should have been taken to improve the process and address her fatigue to ensure fairness. On the count of procuring a sexual act by intimidation, the court found the evidence, particularly around the complainant's visa and employment situation, was not capable of proving intimidation as legally defined under Queensland's Criminal Code. The combined effect of the judicial comment, the video link problems, and the evidence issues meant the trial was unfair. Mr Green will now face a new trial on the two charges. He had been acquitted on a third charge at his original hearing. At sentencing, Judge Glen Cash said Green, a father of three, was 'aware of her circumstances' that the victim had no money and a desire to stay in Australia on her visa.
