Dillon Walter Fisler pleads not guilty to rape at 18th party

There’s been a shock claim about the alleged victim and a witness in a Mackay rape case, with the judge forced to make a stunning move.

A rape trial judge has been forced to discharge a jury after the court heard a woman central to the case allegedly contacted a witness and asked them to lie over her “virginity”

Dillon Walter Fisler pleaded not guilty in Mackay District Court to three counts of rape that allegedly occurred in the bushes outside an 18th birthday house party in 2020.

The alleged victim had known Mr Fisler when she was younger and reunited at the party, prosecutor Caitlin Penfold said in her opening address.

Ms Penfold said Mr Fisler asked the girl for a kiss away from the crowd.

The jury heard the pair went down a long driveway away from the house party, where he allegedly began touching her.

The prosecution alleged Mr Fisler said how much he wanted to have sex and that the woman, who was not yet 18, said it was not the “right time or place”.

Ms Penfold said Mr Fisler allegedly raped her while they were hidden beneath bushes.

On Wednesday morning, the prosecution revealed a witness was allegedly contacted by the complainant and asked to “lie” in their upcoming testimony.

It is alleged the complainant told the witness she lied while giving evidence, the court was told.

Ms Penfold said her clerk received a text message from the witness on Tuesday night after the jury had retired for the day.

“In that text message, she says that she’s been contacted by the complainant and the complainant had asked her to lie to match up with something that the complainant had given evidence about yesterday,” Ms Penfold told Judge Tony Moynihan and Mr Fisler’s defence counsel James Godbolt.

“(The complainant) phoned her yesterday evening and told her she had lied about losing her virginity to the defendant and asked (the witness) to lie in court today.”

Ms Penfold and Mr Godbolt spoke with the witness before court on Wednesday and made a joint application to Judge Moynihan asking for the proceedings be ruled a mistrial.

The jury was discharged and the trial adjourned for further investigation into the allegations.

DAY ONE: Teen confronts alleged rapist on Snapchat after 18th party

A woman confronted her alleged rapist on Snapchat the day after an 18th birthday party and he offered her money, a court has heard.

Dillon Walter Fisler pleaded not guilty in Mackay District Court to three counts of rape that allegedly occurred in the bushes outside a house party in 2020.

In her opening to the jury crown prosecutor Caitlin Penfold said the woman confronted Mr Fisler in messages saved on Snapchat.

“She told him that he had raped her. Initially, Dillon denied that allegation,” Ms Penfold said.

“However, in the same conversation, he said that he was so sorry.

“He offered her money.

“He said he would never do it again.”

The woman, who was under 18 at the time, had known Mr Fisler when she was younger and reunited at the party, the court heard.

Ms Penfold said Mr Fisler asked the girl for a kiss away from the crowd.

A jury heard the pair went down a long driveway away from the house party, where he allegedly began touching her.

The prosecution alleged Mr Fisler said how much he wanted to have sex, before she said she was not ready and that it was not the “right time or place”.

Ms Penfold said Mr Fisler allegedly ignored her and forced himself on her hidden beneath bushes.

“What is central to this case is that (she) vocalised that she did not consent to what was happening to her,” Ms Penfold said.

“Dillon only stopped because an unknown person shone a torch on them, that enabled (her) to get away.”

A witness, who was at the party, gave evidence on the first day of the trial and told the court she saw the girl in the bathroom soon after the alleged incident.

“She had dirt on her face and her legs. She looked frightened and scared. She was crying,” the witness said.

“So I asked her obviously what happened but she wouldn’t give me an answer.”

The prosecution said she did not tell them what happened.

“She was scared of being judged. She was scared of being blamed for going down there with him in the first place,” Ms Penfold said.

“She was scared of being called a slut.”

The jury heard a friend not at the party collected the girl soon after the alleged incident, and her aunt took her to hospital for a doctor assessment.

An official complaint was made to police a few days later, the court heard.

Her evidence was heard during a closed session on Tuesday afternoon.