Canberra academic wins appeal against sexual assault convictions

Rick McGary, a former academic at the Australian National University (ANU), has had two sexual assault convictions set aside by the Court of Appeal in Canberra. The decision comes after the jury found him guilty of sexually assaulting a complainant in his room at ANU in 2016, and a separate complainant at Cotter Reserve in 2020.

However, he was acquitted of a third count of sexual assault against the same complainant in 2020. The Court of Appeal ruled that the evidence lacked probative value and had a prejudicial effect. The appeal judges found that the similarities between the incidents were not strong enough to give them significant probative value. The court also noted that the complainant in the 2020 incident had deleted some text messages and denied sending others, raising concerns about her credibility.

The Court of Appeal found that bringing the charge to a third trial brought the administration of justice into disrepute. Mr McGary welcomed the court's decision, stating that what has been done to him is both unprecedented and a gross violation of democratic norms.