New video evidence in re-trial of Ports North boss on rape charge

An alleged victim who claims she was raped will be forced to relive the ordeal after lawyers acting for accused former Ports North boss indicated an intention to rely on new video evidence.

AN alleged victim who claims she was raped will be forced to relive the ordeal after lawyers acting for accused former Ports North indicated an intention to rely on new video evidence it wanted to question her on.

Alan George Vico’s matter was back before the Cairns District Court on Monday as Chief Judge Brian Devereaux made a plan to overcome the challenge of hearing evidence from the alleged sexual assault victim, now living in Norway.

Former Ports North executive Alan George Vico will face a retrial in September after appealing rape conviction in verdict 2020. PICTURE: STEWART McLEAN

Mr Vico’s appeal against his conviction and 5.5 year sentence was successful in April last year, after he had previously been convicted in August 2020, for raping a Norwegian tourist he’d picked up on the side of the road in 2018.

Judge Devereaux questioned defence barrister Harvey Walters about the usefulness of video evidence given the alleged victim at the last trial couldn’t remember what happened, after a heavy night of drinking

“How can you put to the complaint and even everything that was put last time was excessive, her evidence is ‘I don’t remember’,” he said.

“Well that’s if you accept that is a legitimate claim, but what I would like to question is the videotape matters of her earlier activity,” Mr Walters responded.

“And to prompt (her) recollection.

“If she is to be cross examined, it should be via video where it’s both fair to the witness and the accused … (to hear) evidence that might be used to contradict her. She can probably see that evidence to be able to comment upon.”

Judge Devereaux asked if Mr Harvey implied the witness was lying at the first trial, to which he didn’t clearly respond.

Mr Vico was convicted after a judge-only trial heard by Judge Julie Dick, but the Appeal Court’s Justice David Boddice, in April 2021, ruled there had been “deficiencies in the trial” and ordered a retrial. 

Crown prosecutor Aaron Dunkerton on Monday requested orders be made to allow the special witness to not see Mr Vico’s face while giving evidence, which Judge Devereaux didn’t make.

Mr Vico is accused of picked up the Norwegian tourist from the side of the road and sexually assaulting the young woman in a Cairns motel in September 2018.

“This a very serious matter where the defendant is in jeopardy of a significant period of imprisonment,” Judge Devereaux said.

The retrial has been set down for September 5 and prerecording of video evidence will begin next week.

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Originally published as New video evidence in re-trial of Ports North boss on rape charge