Alexander Manojlovic: Bowral High School rape teacher uses Pell appeal
A high school teacher jailed for rape has used Cardinal Pell’s High Court appeal as a precedent to show he could challenge his own conviction. The court also heard the ex-teacher will face separate charges at a hearing later this week.
Macarthur
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Cardinal George Pell’s successful High Court appeal has been used as a precedent to argue that a former Bowral High School teacher could overturn a string of child sex convictions.
Alexander Manojlovic was found guilty in February of raping a girl in 2018 following a week-long trial at Goulburn District Court, which heard he drunkenly forced himself on her at his parent’s house.
The recovering alcoholic was sentenced to three years and nine months jail, with a non-parole period of 22 months, in April and his defence immediately flagged an appeal.
On Monday Judge Mark Williams granted Manojlovic bail in the Sydney District Court, finding his legal team had presented reasonably arguable prospects of success as they prepare to challenge his convictions in the Court of Criminal Appeal in September.
However, the 40-year-old still has one last hurdle to overcome before being released – he was refused bail over a destroy or damage charge due to be heard before Moss Vale Local Court on Tuesday.
He appeared on screen from Goulburn Correctional Centre on Monday, much of his face obscured by a thick, tangled greying beard.
Defence silk Ian Lloyd QC told the court Pell’s high-profile appeal, which ruled the jury should have found reasonable doubt as to his guilt, showed Manojlovic’s appeal had reasonable prospects of success.
His client did not deny the sexual encounter, Mr Lloyd said, but fully debated evidence in the trial that the girl did not consent.
Mr Lloyd also raised questions as to why two people who the complainant had confided in after the incident had not been called to give evidence in the trial.
“Regardless of whether the jury thought the complainant was credible … they have to consider all the evidence,” he said.
The Crown argued Judge Williams and the District Court did not have jurisdiction to consider the bail application, as the DPP had launched an inadequacy appeal against Manojlovic’s sentence in the Court of Criminal Appeal.
Both the inadequacy and conviction appeals will be heard on September 4, 2020.
The court also heard there were concerns over Manojlovic’s conduct while at liberty, after he was kicked out of a rehab clinic in June last year for exchanging phone numbers with a female patient and contacted a former student in November to gain a “character reference”.
In granting bail Judge Williams ruled he did have jurisdiction to hear the application, finding that the DDP’s appeal did not constitute Manojlovic facing an offence before a higher court.
Judge Williams also found the conviction appeal was still to be officially launched.
If granted release at Moss Vale Local Court on Tuesday, Manojlovic will have to live with his parents in Colo Vale and be banned from leaving the house without them.