After four-day trial in Cairns District Court Phillip Aryem cleared and free to go

A man accused of the rape and indecent treatment of a child under the age of 16 has been cleared of all charges after a Cairns jury took just hours to find him not guilty.

The jury took a few hours to come to a unanimous verdict, but shortly before 3pm on Friday they filed back into the courtroom to deliver it.

Phillip Aryem, 29, pleaded not guilty on Tuesday to three charges of rape and one of indecent treatment of a child under 16.

The prosecution alleged the two had met when the complainant was 13, had met up again through social media and he had once driven her to a secluded carpark where he raped her.

A further allegation was that he took her to his house and raped her twice.

Jurors on Friday delivered not guilty verdicts on all four charges.

Crown prosecutor Claudia Georgouras earlier in the trial told jurors Mr Aryem knew the complainant was interested in him.

“He’d heard she liked him. Her behaviour and her liking the defendant, speaking to him, adding him on social media, you have to look at that in the light of a 13-year-old child who has a crush on an adult man,” she said.

“He knew that she was 13 and he was the adult in that situation. He picked her up on two occasions to take her to those locations you’ve heard about. He did that with the purpose of sexually offending against her.” 

Phillip Aryem was found not guilty on all charges after a four-day trial in Cairns District Court. It was a retrial as the first trial was discontinued after Judge McGinness became ill. Picture: Justin Brierty

Defence counsel Brydie Bilic told the court the complainant’s behaviour was “bizarre”, as she had created social media accounts in the name of Mr Aryem’s daughter, and used her picture on them, to contact him.

“The Crown case relies on the evidence of just one witness, which is exactly the type of case in which the risk of a terrible miscarriage of justice is at its highest,” she told jurors in her summing up on Thursday.

She also outlined what she said were 10 inconsistencies in the complainant’s evidence, including telling police she and Mr Aryem were friends who “hung out and watched TV”, then later saying they only met twice and both times he offended against her.

One of the jurors appeared emotional as they delivered their verdict.

“In some way you will have found something positive from the part you have played,” Judge Katherine McGinness told jurors before she dismissed them.

She told Mr Aryem he was free to leave, and he shook the hands of supporters as he departed the courtroom.

Originally published as After four-day trial in Cairns District Court Phillip Aryem cleared and free to go