Gabriel Paul Ivanyi had all charges dismissed, arrested after Renown Park home invasion

Towering at over 2m tall, a man was arrested for a home invasion - despite the victim saying the robber was much shorter. Now all charges have been dropped. 

A “human giant” had all charges dismissed against him after he was arrested for a violent home invasion – despite the victim saying the intruder was only 175cm tall.

Gabriel Paul Ivanyi, 47, successfully argued for his charges to be thrown out in the Adelaide Magistrates Court over a case of mistaken identity.

Mr Ivanyi, of Devon Park, was facing charges of serious criminal trespass, damaging a building, assault and theft and spent a lengthy time in custody before being granted bail. 

The court heard a man was awoken by an intruder in his Renown Park home on July 21, leading to a tussle that continued out into the street.

Mr Ivanyi was arrested shortly later, at a nearby park riding a bike without a helmet.

Gabriel Ivanyi (right) leaving court with his lawyer in 2016. Picture: File

Gabriel Paul Ivanyi had all charges dropped against him in court. Picture: File

Emma Shaw, for Mr Ivanyi, told the court the victim described the home invader as approximately 175cm tall, while her client stood at two metres and 10cm.

Mr Ivanyi stood up from the dock to demonstrate his height.

“One would expect that (the victim’s) description, if my client was indeed the man that broke into the house, to reflect that he was essentially a human giant,” Ms Shaw said.

Ms Shaw said the victim underwent a photographic identification procedure after the home invasion.

“He then looks at the photograph of my client Mr Ivanyi and then says ‘nah he’s out, not that haircut’,” she said.

“So he specifically excludes Mr Ivanyi.”

Ms Shaw said the DNA evidence also excluded Mr Ivanyi and no property was found on him upon his arrest – as well as wearing a different coloured T-shirt as described by the victim.

A prosecutor told the court they accepted it was a circumstantial case.

“It was 3am, the complainant had just been woken up – it was dark at the time that he saw the offender in the room,” the prosecutor said.

“While the light was on the offender was wearing a cap and a mask around his chin.

“It’s not surprising that his description doesn’t match exactly that of the accused.”

Chief Magistrate Judge Mary-Louise Hribal said she found no case to answer for Mr Ivanyi, noting the description the victim gave was so different to him.