Men accused of raping teens during bucks party weekend have convictions quashed
Verdicts against a group of men jailed for the rape of three teenagers during a bucks party weekend have been overturned by an appeals court.
WARNING: Distressing content.
A group of men accused of gang raping three teenagers during a bucks party weekend have had their convictions quashed, with one of the men expected to be released from prison immediately after he was acquitted.
Maurice Hawell, 31, Andrew David, 31, and Marius Hawell, 24, allegedly gang raped two 18-year-old friends on the first night of Maurice’s bucks party weekend at an Airbnb in Newcastle in February 2022.
The following night, police allege they raped a 19-year-old girl.
The men were found guilty last July of engaging in a joint criminal enterprise (JCE) to sexually assault the teens following a trial in the NSW District Court.
All three men were jailed and have maintained their innocence.
The three men had their convictions quashed on Monday morning, with the court ordering a retrial for Maurice and David.
Marius was further acquitted of the convictions, and is now eligible for immediate release after Justices Stephen Free SC, Peter Hamill SC and Belinda Rigg SC ruled it was not open for the jury to find he was in the room for any of the alleged rapes.
The verdicts in respect of Marius were found to be “unreasonable”.
“Subject to any other reason for his detention, of which the Court is unaware, Marius Hawell is entitled to immediate release,” the judgment states.
“In the case of Maurice Hawell and Andrew David there will be an order for re-trials. However, whether these men are put to trial again will ultimately be a matter for the discretion of the Director of Public Prosecutions.”
Marius’ solicitor, Abdul Tlais, told NewsWire his client is keen to “move forward with his life”.
“Marius has always maintained his innocence and today the Court of Criminal Appeal unanimously agreed. He is a young man who is looking forward to being reunited with his family and to move forward with his life,” Mr Tlais said in a statement following the decision.
Issues with directions given to jury
Several issues were also identified in directions given to the jury which could have affected the jury’s reasoning “in significant respects”, which included “erroneous” directions about the men’s state of mind over the weekend.
The men had also argued directions about the JCE were erroneous and confusing, particularly submissions the men had agreed to sexual touching, intercourse, activity or assault “with or without consent”.
These directions could have confused the jury, the Court of Criminal Appeal found, upholding the trio’s argument.
The major decision came after the trio launched a fight in the NSW Court of Criminal Appeal earlier this year.
The court was previously told Marius argued he didn’t participate in the first alleged rape and wasn’t even in the room at the time.
His lawyer also maintained Marius had not engaged in sexual activity with the 19-year-old during the second alleged rape.
Maurice Hawell was sentenced to a maximum term of 14 years, with an eight-year and six-month non-parole period.
Marius Hawell was given a nine-year sentence, with a non-parole period of five years and five months.
David was sentenced to 13 years in jail with a non-parole period of seven years and nine months.
Originally published as Men accused of raping teens during bucks party weekend have convictions quashed
