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The Canberra Times
The Canberra Times
National
Blake Foden

First of rapist trio could go free before Christmas

Rape "ringleader" Simon Vunilagi, who will be locked up until at least 2023, in action on the rugby union field.

One of the Fijian trio found guilty of raping a woman they had just met at the Mooseheads bar could be released from Canberra's jail before Christmas.

Simon Vunilagi, Josefa Navunisinu Masivesi and Isimeli Ilimeleki Natuwawa Vatanitawake were sentenced in the ACT Supreme Court on Friday in relation to the November 2019 incident.

Vunilagi, the 32-year-old "ringleader" of the sexual attack, was handed a jail term of more than six years and three months on four charges of rape, three of rape in company and one of committing an act of indecency without consent.

Chief Justice Helen Murrell ordered that the former rugby union player serve a non-parole period of three years and one month, which will expire in June 2023 on account of time already served.

Simon Vunilagi, left, outside court during his time on bail. Picture: Cassandra Morgan

Vatanitawake, a 21-year-old former semi-professional footballer, received a sentence of two-and-a-half years in jail on a single count of rape in company.

He could be released from custody in March 2021, having already served nearly a year of his 15-month non-parole period imposed on Friday.

Masivesi, meanwhile, was sentenced to two years and one month in jail for two counts of rape and one of committing an act of indecency without consent.

But the 45-year-old former Fijian Navy sailor may leave the Alexander Maconochie Centre as soon as December 23, given he has almost completed all of his non-parole period of 12 months and 14 days behind bars while on remand.

All three of the men will be banished from Australia upon their release from custody, however, and deported to their homeland.

Mooseheads in Civic, where the offenders met their victim. Picture: Elesa Kurtz

The trio stood trial earlier this year, having all denied charges stemming from what took place inside Masivesi's Northbourne Avenue unit in the early hours of November 3, 2019.

In her sentencing remarks, Chief Justice Murrell described how the victim approached the offenders and a fourth man, Ratu Jone Pio Macanawai, at Mooseheads about 4.30am on the morning in question.

The woman was "heavily intoxicated" and kissed both Vunilagi and Vatanitawake inside the bar before it closed at 5am.

The group subsequently made their way to the unit, where the victim "felt overborne" by the "extremely tall and well-built" Vunilagi and cried as he began to rape her in the only bedroom.

Vunilagi eventually called Vatanitawake into the room and forced the victim to have sex with him as well.

While she was being assaulted, the victim cried and screamed, but the sound of this was drowned out by "loud Islander music in the living room".

At some stage after Vatanitawake had exited, Masivesi came in and told Vunilagi to stop and leave the room as well.

The 45-year-old assured the victim he would "take care" of her and that she was "safe" with him, but he also sexually violated her.

The victim eventually fell asleep, but woke to find Vunilagi launching another attack on her.

After escaping the unit, she reported the incident to police later the same day.

The woman did not provide a victim impact statement, but Chief Justice Murrell said on Friday that there was no doubt the incident "must have had a dramatic psychological impact" on her.

The woman was also sexually assaulted in the unit by another man, alleged to have been Macanawai, who was acquitted of two rape charges despite the judge saying it was "extremely likely" to have been him.

Chief Justice Murrell noted that the woman had been "highly objectified" by her assailants.

The judge made scathing comments about Vunilagi, saying he had effectively turned the victim into a form of personal entertainment through "degrading and humiliating" conduct.

However, she found that the 32-year-old had "excellent" prospects of rehabilitation.

Chief Justice Murrell also described Masivesi's offending as "an aberration" for a man of "long-standing good character".

Vatanitawake, meanwhile, was deemed to not pose a significant risk of sexual recidivism because he was "an immature young man who was encouraged to commit the [rape] by an older man whom he respected".

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