Alleged Mount Gambier rapist John Kakule had conviction overturned on appeal

A married Mount Gambier man convicted of a horrific rape has successfully appealed his conviction and will be retried. See why.

A dental technician has had his conviction for allegedly raping a woman overturned and will now face a retrial.

John Kakule, 46, was found guilty by a jury in the District Court in August of assault with intent to rape, indecent assault and rape.

The court heard the woman relied on Mr Kakule to help her in Mount Gambier.

Mr Kakule drove the woman to a secluded area in 2019 and allegedly attempted to have sex with her without her consent.

The court heard the woman tried to call triple-0 but Mr Kakule apologised to her and said he’d never do it again.

John Kakule had his conviction overturned by the Court of Appeal. Photo: Facebook

John Kakule will face a new trial for rape and assault with intent to rape. Photo: Facebook

A couple of days later Mr Kakule and the woman were at his house, when he allegedly started kissing and touching her.

Mr Kakule allegedly pinned the woman’s arms behind her, pushed her down and raped her.

The Court of Appeal comprising President Mark Livesey and Justices David Lovell and Chris Bleby allowed an appeal against Mr Kakule’s conviction last month.

The court heard after the woman returned home, she attended at hospital and reported to a triage nurse she had been raped – which had been without an interpreter present.

Mr Kakule’s counsel made the appeal on the basis the trial judge failed to direct the jury that there may be varied reasons why an alleged victim of a sexual offence makes a complaint at a particular time or to a particular person.

“Counsel submitted that the complainant’s conduct in going to the hospital was consistent with being ashamed of having had sex with a man who was not her husband,” the court heard.

“She then submitted … Maybe there was a miscommunication between her and the nurse, the police had got involved and it’s like a freight train that’s just kept going.”

Justices Livesey, Lovell and Bleby said the jury’s assessment of the alleged victim’s credibility was critical to its determination and allowed the appeal, remitting the matter for retrial.