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ABC News
ABC News
National
By Elizabeth Byrne

Canberra men who took woman home from Mooseheads nightclub found guilty of gang rape

Three men have been found guilty of rape, and another cleared of the charge, after meeting a woman at Mooseheads nightclub in the centre of Canberra.

Three men have been found guilty of taking part in a gang rape after a night out drinking in Canberra last year.

Simon Vunilagi, who was accused of controlling the situation, was found guilty of eight of eleven charges, including rape, rape in company and one act of indecency.

Josefa Masivesi, 45, who lived in the unit where the offences happened was found guilty of three charges and Simi Vatanitawake, 22, was convicted of one count of rape in company.

A fourth man, Ratu Macanawai, 25, was cleared of the two charges against him.

The ACT Supreme Court trial was heard by Chief Justice Helen Murrell last month.

The victim told the court she feared for her life when she was raped by the men over several hours until she finally escaped and sought help from a stranger.

The court viewed hours of CCTV vision from nightclub Mooseheads where the woman was seen kissing Vatanitawake and being held by Vunilagi.

In her judgement, Justice Murrell noted the woman had entered the taxi with Vunilagi voluntarily and had been chatting to him at first.

She cleared Vunilagi of the first two charges.

"Although I accept the complainant's evidence that from the beginning she had stated that 'she didn't want to do anything', given the difficulties with her evidence about what had occurred in and outside Mooseheads, I cannot dismiss the possibility that she failed to make her position clear from the outset," Justice Murrell said.

But she accepted the woman had been crying and resisting, and the later acts were done without her consent.

The Chief Justice also recognised the woman had been raped by a fourth person but, while she thought it was probably Mr Macanawai, she couldn't be satisfied beyond reasonable doubt, and he was acquitted.

Woman texted for help as men claim she 'offered herself' to them

The only one of the men to give evidence was Masivesi.

"I found Masivesi to be a very unimpressive witness upon whom no reliance could be placed, except insofar as he corroborated the complainant's evidence or made limited admissions against interest."

She said Masivesi made many assertions that tended to exonerate him or the co-accused.

"He asserted that the complainant offered herself to him, but he refrained because his wife's face flashed before him," Justice Murrell said.

But Justice Murrell said Masivesi had entered the room around the time the other men had left, at the time when the woman had sent a text message to a friend saying, "please help me".

"It is hardly likely that the complainant offered herself to him at about the same time," she said.

Justice Murrell also noted that Masivesi, despite his character references and his sympathy for her plight, had failed to control the younger men.

"Regrettably, in his intoxicated condition, he also succumbed to the temptation to abuse her," she said.

Vunilagi, who has been free on bail, was taken into custody from the court.

The three men will be sentenced in November.

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