Luke Robert Stitt pleads not guilty to four counts of rape

A jury has acquitted a man of multiple counts of rape at a Bowen Basin mining town just 30 minutes after telling the judge they could not reach a decision.

Luke Robert Stitt found not guilty of four counts of rape at Bowen Basin mining town.

A jury has acquitted a married man of multiple counts of rape just 30 minutes after telling the judge they were deadlocked on a decision.

Luke Robert Stitt could not hold back his emotions as he listened to the four not guilty verdicts delivered after about 4.5 hours of deliberation.

He had pleaded not guilty to the digital, oral, vaginal and anal rape of the woman in early 2021 at a Bowen Basin mining town.

Mr Stitt did not deny the pair had sex, but claimed the conduct had been consensual.

After a two-day trial in Mackay District Court the seven-man, five-woman jury began deliberations from 10.47am Wednesday.

Before sending the jury out Judge Michael Byrne KC told the group the case “rises and falls on your acceptance or non acceptance of the (woman’s) account” and they could not convict on any charge unless they accepted her account “beyond reasonable doubt”.

At 2.43pm the jury indicated they were having difficulty reaching unanimous verdicts after sending a note to Judge Byrne that read “we have a deadlock”.

“You are … performing an important public duty with carries with it serious responsibilities,” Judge Byrne said.

“You are entitled to take as long as you need to reach your verdicts.”

Judge Byrne noted it might feel like the jury had been deliberating for a long time but “the experience of the court is that you not necessarily have been”.

The court had the power to discharge a jury from giving a verdict but Judge Byrne said he would only do that if he was satisfied “there is no likelihood of genuine agreement being reached after further deliberation”.

“The experience of the court is juries can often agree if given enough time to consider and discuss the issues,” Judge Byrne said.

The court heard while there had been limited witnesses and exhibits in this case, Judge Byrne said “there are still a number of issues for you to work through”.

Judge Byrne sent the jury back to deliberate just before 3pm.

At 3.17pm the jury indicated they had reached a verdict and soon after acquitted Mr Stitt of all four counts of rape.

A number of supporters sitting in the back of the gallery also broke down crying on learning of the acquittal.

Married man denied raping sleeping woman at mining town

A married man has denied raping a woman while she was asleep in her bed following a group drinking session at the local pub.

Mackay District Court heard there was no contention that the pair had sex in early 2021 in a Bowen Basin mining town, the issue centred on consent.

Crown prosecutor Matthew Sutton told the seven-man, five-woman jury “it was a normal” day when this alleged offending occurred.

The court heard the woman and a group gone to the pub for some drinks and was joined by another group that included Luke Robert Stitt.

Mr Sutton said the group ended up returning to the woman’s home where they continued drinking and a marijuana joint was passed around.

The court heard she ended up going to bed earlier than the others as she was not feeling well, while everyone else kept drinking.

Eventually everyone left, but it is alleged she “woke up to some unwelcome sexual advances made by” Mr Stitt, Mr Sutton said.

It is alleged Mr Stitt digitally, orally, vaginally and anally raped the woman.

He has pleaded not guilty to four counts of rape.

It is further alleged during a phone call between the pair, that police recorded, Mr Stitt said “bad decision, that’s all, that’s all … I thought you said no because you weren’t feeling well”.

Mr Sutton said Mr Stitt told her he thought she said she consented.

Defence barrister Christopher Wilson said there was no dispute that the pair had engaged in the acts alleged, the only contention was whether or not there had been consent.

“That’s an important issue,” Mr Wilson said, adding the onus was on the crown to prove “beyond reasonable doubt” that the woman did not consent, his client did not have to prove that she did consent.

Mr Wilson also said during the pretext phone call that would be played in court the jury would hear that Mr Stitt had been married and with a family with the alleged offending occurred.

“That is morally wrong, for him to have done what he did on the night in question,” Mr Wilson said.

“But you’re not here to judge him being morally wrong, you’re here to judge whether or not he raped this young woman.”

The trial, under Judge Michael Byrne KC, is expected to last two to three days.

The court was closed for the woman’s evidence.