AN IRISH nurse jailed for raping another woman in the toilets of a Brisbane hotel is free on bail after winning a new trial on appeal.
Anne-Marie O’Loughlin (26) was yesterday granted conditional bail, after Queensland’s court of appeal granted the woman from Edenderry, Co Offaly, a new trial.
Ms O’Loughlin was convicted last December on two counts of digital rape and one of deprivation of liberty at the Caxton Hotel, Brisbane, on November 29th, 2009.
The victim, who cannot be named, told the court that although she kissed Ms O’Loughlin in the toilets for up to three minutes, she had not given consent for O’Loughlin to pull up her top and bra and touch her.
Following a five-day trial, the district court jury took 13 hours to convict Ms O’Loughlin, who had been working in Australia as a registered nurse. She was found not guilty of a fourth charge of sexual assault. She was sentenced to 2½ years in jail.
Ms O’Loughlin’s appeal was on the grounds the verdicts were unsafe and unsatisfactory and that the judge misdirected the jury on a key issue.
Her barrister, Jeff Hunter, told the court of appeal that the jury asked for a direction on how it could use intoxication when resolving the issue of mistaken belief.
The judge gave an incorrect direction and the jury was given a written version of it, which would have complicated the matter, he said.
But Michael Copley, senior counsel for Queensland’s director of public prosecutions, said there had been no direction that had disadvantaged Ms O’Loughlin.
He said when read in its entirety the direction had properly explained the concept of intoxication and reasonableness and mistaken belief.
However, in a unanimous judgment, the court of appeal set aside Ms O’Loughlin’s convictions and ordered a new trial.
Justice John Muir said though the ground of appeal on unsatisfactory verdicts had not been made out, the jury had not received the necessary assistance to understand the concept of mistaken belief.
Ms O’Loughlin’s solicitor, Neil Lawler, requested that his client be granted bail. Bail was not opposed by the crown, pending certain conditions.
Judge Patsy Wolfe granted immediate bail on condition Ms O’Loughlin reports to a local police station weekly, does not apply for a passport or approach any international point of departure or make any contact with the alleged victim. The new trial has been listed for August 22nd.
Speaking in Co Offaly yesterday, her father Shay O’Loughlin expressed delight at the outcome of the appeal.
“We are thrilled she has got a retrial,” he remarked. “We are fully confident that she will be acquitted.”
He spoke to his daughter following her release. “She is in great form – she was quite emotional when she got the word.”
Ms O’Loughlin has been receiving support from an Irish-Australian support group and her brother John is in Australia, Mr O’Loughlin said.