Rape charges against Dillon Walter Fisler discontinued
Crown prosecution have revealed charges have been dropped after investigating allegations a woman lied and tried to convince a witness to lie in a trial against the man she accused of rape.
Police & Courts
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Rape charges against a Mackay man accused over a sexual attack during a house party have been discontinued after his accuser lied and tried to convince a witness to lie.
Crown prosecutions commenced investigations in July 2022 after revelations a woman had lied while giving evidence in the Mackay District Court trial against the man she had accused of rape.
It was further alleged she contacted a crown witness and asked her to lie in her evidence as well.
As a result, a mistrial was ordered in the case against Dillon Walter Fisler, who had pleaded not guilty to three counts of rape during a house party in 2020.
The shock allegations came to light on day two of the trial, which heard the woman told the witness she had lied while giving evidence and asked the witness to lie to match up with something she had said.
Both crown prosecution and Mr Fisler’s barrister spoke with the witness before making a joint application for a mistrial.
The jury was discharged and the trial adjourned for further investigation into the allegations.
Lying under oath can result in charges of perjury, which has a maximum penalty of 14 years jail if convicted.
However, under Queensland Law, if a person lies under oath in order to procure the conviction of another person for a crime punishable with life imprisonment “the offender is liable to imprisonment for life” if convicted.
Anyone who interferes with witnesses or witness evidence could also face charges of attempting to pervert the course of justice, which has a maximum penalty of seven years jail if convicted.
On Tuesday Mr Fisler’s matter was mentioned in Mackay District Court, which heard crown prosecution would not proceed with the charge.
The court heard Mr Fisler’s solicitor Jordana Abela, of McKay’s Solicitors, had sent a submission to crown prosecution which had been accepted.
Crown Prosecutor Michelle Parfitt said they “will not further proceed on this indictment”.
Judge Gregory Lynham said Mr Fisler “was dismissed in respect to that indictment”.
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