Dalby rape trial implodes after alleged colluding witnesses and ‘serious failings’ by police

The trial of two young Western Downs men charged with rape has fallen apart after witnesses were allegedly overhead speaking about the case outside of the courthouse.

A judge has declared a mistrial in the case of two men accused of rape after witnesses allegedly discussed details of the trial outside court. Photo: File.

A rape trial has been abandoned in its third day after witnesses were allegedly found to be colluding outside the courthouse.

In Dalby District Court on Tuesday, Dalby men Zac Anthony Robinson and Lachlan James Spry pleaded not guilty to six counts of rape in relation to an alleged incident on April 2, 2023.

Throughout the trial up to 11 witnesses were called, including a doctor, two police officers and friends and family of the aggrieved.

On the second day of the trial a court security guard revealed witnesses had been overheard talking outside of the court, discussing what they would say in court, what questions they had been asked and how they could align their stories.

The security guard reported hearing the group saying statements such as “you say this and I’ll say that” and “what questions did they ask you”.

The prosecution also brought up that police had lost crucial evidence including messages and CCTV footage during their investigation which they described as a “serious failing”.

Furthermore they suggested the lead officer on the investigation had a personal connection to the aggrieved and alleged they could not have remained neutral during the investigation.

At several times throughout the proceedings the officer, who cannot be named, referred to the aggrieved as the ‘victim’ despite being warned by the judge to use the correct terminology.

The prosecution pointed to this as one of several reasons it could not be considered a fair trial.

The judge offered several solutions to salvage the trial including bringing back the witnesses to tell the jury that they had colluded, but noted that would open them up to criminal charges.

He noted that none of the issues had been the fault of the prosecution and thanked them for their professionalism during the ordeal.

On the third day the trial was permanently stayed and the jury was dismissed.

A retrial date is yet to be set.

Originally published as Dalby rape trial implodes after alleged colluding witnesses and ‘serious failings’ by police