Adrian Bayley attempts to appeal rape convictions from last year
THE killer of Melbourne woman Jill Meagher is attempting to clear his name of rape convictions he was given last year.
ONE of Victoria’s biggest monsters is appealing convictions of rape.
Adrian Ernest Bayley, who is already serving life for the 2012 rape and murder of Melbourne woman Jill Meagher, is having his application to clear his name of two different rapes heard in court. .
Defence Barrister Saul Holt has begun submissions in Bayley’s appeal against the rape convictions by highlighting “infirmities” in the identity evidence heard by a jury who found him guilty of attacking a sex worker in St Kilda in 2000.
One of two photos used to identify the violent rapist was taken 11 years after the crime.
Mr Holt said the picture evidence and other evidence that suggested Bayley owned a red Mini Minor that was involved in the incident, did not meet a high standard.
“The only issue at trial was the question of identification,” Mr Holt said of the 2000 matter.
Prosecutors relied on two strands of evidence to convince the jury Bayley attacked the 18-year-old victim in a St Kilda laneway, Mr Holt said.
The first was the identification by the victim, who cannot be named, based on a photograph on Facebook and a photo board image.
The second was proving Bayley was the owner of a red Mini Minor vehicle.
He said the weaknesses of the Facebook evidence were “multiple and profound”.
The Facebook photograph the victim saw of Bayley was taken 11 years after the 2000 incident and seen by her 12 years after she was attacked, Mr Holt said, adding it was “an extremely long period of time”.
The victim first saw the Facebook photo of Bayley following his arrest in September 2012 for the rape and murder Ms Meagher, Mr Holt said.
It was a story she had been following closely.
Mr Holt further said the photo board identification was “essentially valueless” to the Crown’s case against Bayley.
The victim had closely followed the media coverage of his involvement in Ms Meagher’s death when she saw the photo board, Mr Holt said.
Chief Justice Marilyn Warren said the attack occurred in daylight, and the victim had said “you never forget something like that”.
The court also heard Bayley had purchased a red Mini Minor, the same colour and make of vehicle the woman was attacked in, but that it was “off the road” in November 2000, when the rape occurred.
If his appeal is granted, this will be the second legal victory for Bayley.
Last year he launched legal action against a Victorian Legal Aid independent review, which blocked his bid for a taxpayer-funded lawyer.
He applied for the legal aid so he could have his name cleared of the two rape convictions.
In September the state government formally intervened to prevent Bayley, 44, accessing legal aid funding.
The Supreme Court ruled in Bayley’s favour, finding legal assistance could not be denied because an applicant is notorious, unpopular and has prior convictions.
During the hearing, Mr Holt, acting pro bono for Bayley, told the Victorian Supreme Court that denying Bayley legal aid is a breach of the charter of human rights.
The appeal hearing continues