CQ man appeals to have rape conviction overturned
A MAN who was found guilty of rape at Emerald District Court has had his appeal to have his conviction overturned denied.
Joshua Cameron Pollard, who represented himself, applied to the Court of Appeal last month to appeal the conviction, based on “inconsistent verdicts” and “unclear and vague” evidence.
Mr Pollard was found guilty of one count of rape at the District Court of Emerald on November 1, 2019.
He faced three counts of rape, stemming from one incident, however the jury acquitted two counts.
Mr Pollard claims the jury’s verdict of guilty for the count two was “unreasonable” and “irrationally inconsistent with the two not guilty verdicts”.
The rape offence occurred on November 18, 2016.
The court documents detail the events surrounding the incident.
The incident which Mr Pollard was found guilty of was when he put his fingers into the victim’s vagina.
Justice Walter Sofronoff wrote in the appeal: “The victim said that Mr Pollard asked, “Is this rape?” She answered in the affirmative and he said, “Well, then … if I’m going to take the blame, I may as well go all the way”.”
The victim told her friend about the incident who encouraged her to go to the police.
Police arranged for the victim to call Mr Pollard about the offence.
The appeal cites a transcript from the phone call where Mr Pollard denied all allegations.
In cross-examination at the court, it was revealed the victim could not recall how much she had drunk and that she had smoked some marijuana on the night.
It was also said when she was at the friend’s house, she had sat on the friends lap and exposed her breasts to him.
The friend, who was in the bed at the time of the incident, said in cross-examination he did not hear the word “no” or “rape” used.
Mr Pollard also denied the victim had said she did not like it when he penetrated her vagina with his fingers.
In the appeal documents, Mr Pollard claims the jury’s guilty verdict was only based on the premise counts one and two were acquitted.
The appeal argues that the victim’s evidence could not be wholly reliable given she had been drinking, was mixing medication and alcohol, was having mood swings, had already initiated sexual conduct by exposing her breasts and there were several inconsistencies in her evidence.
The appeal was heard in Brisbane last month and was dismissed.
“I agree with the order proposed by Sofronoff P for the reasons given by his Honour,” said Jusitice Anthe Phillipides in the court document.