Jurors acquit Miguel Da Silva on all charges in Throb nightclub rape trial

A man has been acquitted on all charges after pleading not guilty to two counts of raping a woman outside Darwin’s Throb nightclub last year. Latest from court.

Miguel Da Silva, 45, pleaded not guilty in the Supreme Court to two counts of rape, one count of making a threat to kill and one count of aggravated assault.

Latest, August 30: Miguel Da Silva has been acquitted on all charges after pleading not guilty to two counts of raping a woman outside Darwin’s Throb nightclub last year.

The jury’s unanimous not guilty verdict also dispensed with one count of assault and one count of making a threat to kill.

Mr Da Silva wiped tears from his eyes as the foreman announced the jury’s decision before walking from court a free man.

Alleged rapist ‘embarrassed’ about carpark sex, court hears

Day 4, August 29: A man charged with an early morning rape outside a Darwin nightclub may have lied to police because he was embarrassed about soliciting a transgender woman for sex, a court has heard.

Miguel Da Silva, 45, pleaded not guilty in the Supreme Court on Monday to two counts of rape, one count of making a threat to kill and one count of aggravated assault following the incident on New Year’s Day last year.

In her closing address to jurors on Thursday, Crown prosecutor Tami Grealy said Mr Da Silva had “told a number of deliberate lies” during his police interview, including that he had not had sex with the woman on the night, despite DNA evidence suggesting otherwise.

“He wanted those lies on the record because the truth would reveal his guilt,” she said.

“Of course he misjudged one thing and that was the DNA evidence — best laid plans.”

Ms Grealy said it was “nonsensical” the woman would have taken a false complaint all the way to trial because she was upset about not getting paid.

“She doesn’t know him, there’s no way of getting money from him in the future, so why would she persist with a false complaint in those circumstances, why would she subject herself to an examination?” she said.

“Why would she come to court and talk about matters that she says make her feel ashamed?”

Defence barrister Ambrith Abayasekara said ‘having sex with a stranger in a carpark in town after a big night out’ was ‘not something that most people would generally want to talk about or admit to’. Picture: Jason Walls

But Mr Da Silva’s barrister Ambrith Abayasekara told the jury it was “a fact of life” that “everyone lies about sex”.

“Everyone lies about sex and Mr Da Silva is no different,” he said.

“The reasons for lying can be many and varied but just because you lie does not mean you are guilty of an offence.”

Mr Abayasekara said his client had told police he “prefers women” and “made a very strong comment about sex being between a man and a woman”.

“Now that might be an outdated view but it’s a view that many people hold,” he said.

“He was talking about having sex with a stranger in a carpark in town after a big night out, now that’s not something that most people would generally want to talk about or admit to.

“It wouldn’t be one of your proudest moments and many people wouldn’t tell a soul about it, it would be a shameful thing to talk about.

“Then think about him talking about this in an interview with police, that is, admitting, to anyone, that he had anal sex in a carpark in town with a woman with male genitalia.

“That is not only something that might be deeply embarrassing to him but something that could go to the core of a person’s identity.”

The jury will retire to consider its verdict on Friday morning.

‘Don’t move, don’t scream or I’ll kill you’: NT nightclub rape trial begins

Day 1, August 26: A man who allegedly told a complete stranger “don’t move, don’t scream or I’ll kill you” in between raping her outside a Darwin nightclub has faced the first day of his trial in the Supreme Court.

Miguel Da Silva, 45, pleaded not guilty on Monday to two counts of rape, one count of making a threat to kill and one count of aggravated assault.

Crown prosecutor Tami Grealy told the court the woman left the Throb nightclub where she had been drinking with friends in the early hours of New Year's Day last year.

“Once outside (she) will tell you she saw a man, a stranger to her, who she walked up to and motioned for a cigarette, he took her to a dark corner and started to grab her,” she said.

Ms Grealy said the man demanded oral sex and the “frightened” woman complied before he “told her to lie down” and held her down while he raped her a second time.

“You’ll hear her say that afterwards he kicked her on the ground and left her there,” she told the jury.

“She recalls immediately telling nearby police who didn’t take her seriously.”

Ms Grealy said Senior Constable Mark Derksen was guarding a crime scene near Woolworths when the woman approached him while “yelling ‘I’ve been raped’”.

“You’ll hear that he largely didn’t engage with her,” she said.

The court heard ‘things went pear-shaped after the sex was over but (the defence) case is that the sex was consensual’.

“He’ll tell you that another woman walked past him, trying to get them to help someone.

“I expect he’ll say (the woman) returned, sat down and said I’ve been raped.

“When Senior Constable Derksen didn’t respond, he’ll likely tell you that (she) walked past them.”

Ms Grealy said it was then the woman approached a female police officer on horseback “who did assist her”.

She said Mr Da Silva had later participated in an interview with police in which he admitted to being at Monsoons in the CBD for New Years but “denied having sexual intercourse with anyone that night”.

In reply, defence barrister Ambrith Abayasekara said his client now “does agree” that he had sex with the woman outside Throb but “strongly denies” committing any offence.

“This was on a night when they’d both been drinking in town and had only met just before the sexual encounter, however his case is that the acts of sexual intercourse were consensual,” he said.

“He did not make any threats or use any violence or force (her) to do anything and she, like him, engaged in the sexual intercourse willingly.

“Unfortunately, things went pear-shaped after the sex was over but his case is that the sex was consensual.”

The trial continues on Tuesday.

Originally published as Jurors acquit Miguel Da Silva on all charges in Throb nightclub rape trial