New trial ordered for Richard John Harris after ‘miscarriage of justice’
A Qld man accused of raping and sexually assaulting a woman at his home before allegedly trying to make her a ‘pinkie promise’ he would stop has won a new trial on appeal.
Police & Courts
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A Fraser Coast man convicted of the rape and sexual assault of a woman staying overnight at his home will get a new trial after overturning the guilty verdicts on appeal.
Richard John Harris pleaded not guilty to two counts of rape and one count of sexual assault when he faced trial before Hervey Bay District Court in July, 2024.
According to published Supreme Court documents he was found guilty of one rape charge and one sexual assault by majority verdict after a juror was discharged.
The documents said the charges related to an incident on July 9, 2022.
The woman said she met Mr Harris about three years prior and for about two weeks they were regularly exchanging text messages.
According to the documents, she accepted there were “flirting aspects” to them, but they had stopped prior to the night of the alleged offending.
She had gone over to his house on July 8, 2022, expecting to be alone with Mr Harris but was surprised to find other people there too.
During the evening she drank alcohol she had brought with her and ate a brownie provided by Mr Harris, the documents said.
Later in the evening the woman said she was cold and decided to leave.
However Mr Harris insisted because she had been drinking and she sleep at his house, saying she could sleep in his bedroom or his daughter’s bedroom.
She said she did not feel comfortable about sleeping in the daughter’s bedroom so she decided to sleep in Mr Harris’ bedroom, the documents said.
Justice David Boddice said in his published decision evidence tendered at the trial included testimony that “sometime in the early hours of the morning, the appellant got into the bed”.
“The complainant turned to face him,” Justice Boddice said.
“At that point, the appellant tried to kiss her.
“She pushed him away. She also turned to face away from him.
The complainant said the appellant moved his body near to her and commenced touching her.
“She told him repeatedly to leave her alone.
“The appellant persisted with touching her, including trying to pull down her pants.
“She pushed his hand away numerous times.
“The appellant then (allegedly) put his hand into her pants and placed a finger into her vagina.
“At no point did she say she wanted him to do so.”
According to the documents, Mr Harris allegedly tried to grab and grope parts of body, including her left breast.
When she said she was going to leave Harris “said he would make ‘a pinkie promise’ not to touch her anymore’,” Justice Boddice said.
She left and immediately went to the police station, the documents read.
Police arranged for her to attend hospital where she underwent an examination with a registered nurse.
A recorded phone call was later made to Mr Harris at the request of the police, the documents said.
Mr Harris did not give evidence himself at the tril, but in his police interview he told officers when the woman wanted to leave he “walked her to the door and wished her a safe drive home”, Justice Boddice said.
In response to the allegations he told police it was “not how I remember it”.
Justice Boddice said he claimed they “‘played around in bed’ but did not want to go further into it”.
He said he had said he was “sorry” during the pretext phone call was ““just because we got frisky, like, or like playing around”.
“He had said sorry in that text because he had never meant for anything to happen,” Justice Boddice said
“The emoji he sent was not crying; it was ‘hot and heavy’.”
While the jury was deliberating one juror had a family member who experienced a health crisis and was excused, the court documents read.
The judge said deliberations would continue with 11 rather than 12 jurors.
A majority verdict was later taken in regard to the three charges with Mr Harris being found not guilty of the second rape charge.
On March 28. 2025, the Supreme Court set the guilty verdicts aside and ordered a new trial saying there had been a miscarriage of justice in the case.
The court found the trial judge did not take the appropriate steps to allow for a jury to reach a majority verdict.
“The trial was therefore not one that was one carried out according to law,” Justice Susan Brown said in the published appeal ruling.
It was found this was a miscarriage of justice and a new trial was ordered.
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