Jeffrey Tibau Banu, now aged 42, was considered one of 4 cousins charged after the woman was raped a number of instances within the boot of a automobile that had been pushed to a sugar cane area at Machans Seashore.
The woman had been consuming at a home at Yorkeys Knob on December 28, 2017 when she handed out and wakened within the automobile whereas being raped by Aaron Anau.
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Anau, now aged 38, had additionally appealed towards his convictions on one rely of rape as a principal offender and three counts of rape as a celebration, however discontinued his case earlier than December final yr.
All 4 males have been convicted in 2021 after being granted a retrial on attraction the yr earlier than.
Banu was convicted of three counts of being a celebration to rape, having been accused of intentionally utilizing his automobile to drive the woman and the opposite appellants to the sphere to assault her. He was sentenced to seven years in jail.
The Court docket of Enchantment revealed its causes for upholding the attraction on Thursday, having reached a call final yr to set Banu’s convictions apart and enter verdicts of acquittal on the fees he was convicted of in 2021.
Banu appealed towards his convictions on the declare there was no proof as to his intention in driving to the cane area, or that he knew the offending would happen.
Grounds for attraction
Justice Jean Dalton discovered there have been “difficulties” with the proof towards Banu, together with a press release taken from the sufferer 15 months after the very fact, and it was important that he had not been charged with personally collaborating in rape.
“Having pushed the boys and the (sufferer) to the cane area, I can not see that (Banu’s) driving them again to Cairns provides something to the case towards him,” Dalton acknowledged.
The courtroom dismissed appeals by two different males, Francis Peter, 38, and Tom Banu Ingui, 48, who have been each convicted of 1 rely of rape as a principal offender and two counts of rape as a celebration.
Peter and Ingui have been beforehand sentenced to no less than 10 years in jail, as was Anau.
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