Aladin Sebastian Saraghi-Smith has rape convictions set aside and new trial ordered

A new trial has been ordered for a businessman found guilty of raping a woman in a Gold Coast skyscraper after his convictions were set aside on appeal.

Aladin Saraghi-Smith, 32, has had his convictions set aside on appeal. Picture: Facebook

A businessman found guilty of raping a woman in a Surfers Paradise skyscraper has had his convictions set aside on appeal and a new trial ordered.

Aladin Sebastian James Saraghi-Smith, 32, was found guilty in August 2023 by majority verdict of two counts of rape and one count of disabling to commit an indictable offence following a trial in Southport’s District Court.

The jury found him not guilty by majority verdict on a third count of rape and not guilty of a second count of disabling to commit an indictable offence by unanimous verdict.

Saraghi-Smith, who had been sentenced to seven years jail, appealed his convictions on the basis a miscarriage of justice occurred on three grounds.

Aladin Saraghi-Smith, 32, has had his convictions set aside on appeal and a new trial ordered. Picture: Facebook

The Court of Appeal heard Saraghi-Smith and the woman, who were known to each other, met up at a gathering at the Q1 building in 2020.

After some consensual kissing they entered a bedroom where the woman alleged she was raped by Saraghi-Smith who also placed his hand around her throat, the court heard.

At trial Saraghi-Smith, who maintained the sex was consensual or “reasonably perceived” as being so, was asked by the prosecutor about aspects of his evidence that the complainant hadn’t been cross-examined on.

Appeal judge Justice David Boddice this was plainly directed to impugning his credit.

In the circumstances this was prejudicial to Saraghi-Smith and its use in the prosecutor’s closing address was unfair, Justice Boddice found.

“A miscarriage of justice arose by reason of the failure of the trial judge to address the highly prejudicial aspects of that cross-examination in summing up to the jury,” Justice Boddice said in reasons delivered Tuesday.

“As credibility was central … the failure to so direct the jury was a material irregularity, inconsistent with a fair trial according to law.”

Justice Boddice allowed the appeal, set aside Saraghi-Smith’s convictions and ordered a new trial.

Justices Peter Flanagan and John Bond agreed.

Saraghi-Smith was granted bail in late August and his matter is listed for mention in Southport’s District Court on October 11.

No new trial date has been set at this stage.

Originally published as Aladin Sebastian Saraghi-Smith has rape convictions set aside and new trial ordered