The young women, who cannot be named, contended that she was drunk by the time she met Lazarus on the dance floor of the Soho around 4am. I don’t get to know who I would be today had this not happened to me, and I mourn for that person.” Through her Facebook posts we know that “this doesn’t get to be over for me. After leaving the laneway she had run to Kings Cross railway station and was in tears believing she had been raped. The complainant felt a lot worse than uncomfortable. That seems a long way from the remorseful Lazarus. it’s a pretty gross story tell ya later.” The friend replied: “bahahahaha nice popping does cherries. Was a sick night – took a chick’s virginity.”
Yet, in the afternoon following sex in the laneway Lazurus texted a friend: “I honestly have zero recollection of calling you. I didn’t feel good – good about it – I felt – I felt uncomfortable walking with her.” “Well, it was – it was then that – it was about that – it was that time when I realised what a selfish – a thoughtless, inconsiderate thing that I had done and we just, you know, we just had sex and I had immediately disregarded her.
Lazarus 2017 trial#
When asked at the trial why, after the sexual encounter in the laneway, he allowed the young woman to walk away by herself, he told the court: The CCA reasons come at a moment of heightened awareness about the abuse of women and in this respect, Luke Lazarus himself may have recognised his own failings.
One might also wonder how “the complainant” feels? Account was also taken of the fact that if a retrial was ordered it would not take place until the latter half of 2018, by which stage it would be five years after the incident at the Soho.įor the respondent (aka Luke Lazarus) it’s too drawn out, too expensive, too stressful, too unfair. The court said it has a duty to ensure that the continued operation of the criminal justice system is not “a source of oppression or unfairness”. In those circumstances, the appeal judges were concerned to spare Lazarus the “expense and worry of a third trial”. The alleged rape on first trial in January-February 2015 the accused convicted and jailed court of criminal appeal quashing the conviction on 19 February 2016 and ordering a new trial Lazarus released after 10 months in prison retrial before judge Tupman without a jury a finding of not guilty on crown appeal dismissed on 27 November 2017. It is an unsatisfactory judgment to the extent that both Lazarus and the complainant are denied a final resolution of the rape allegation by a tribunal of the facts being properly directed on the law.Įven though Lazarus now knows that the trial judge made an error in her reasons for acquittal he must be relieved that, short of something more stringent from the high court, he’s home free. The appeal court’s reasons for not ordering a retrial gave little consideration of the interests of the young woman, who in previous proceedings was the victim and is now referred to as “the complainant”.
Instead, the appeal judges exercised a discretion to deny a third trial for Lazarus because “in the interests of justice” it would be be oppressive and unfair.
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