The ACT Supreme Court Chief Justice has said she was legally bound by verdicts in sentencing a man acquitted of rape, but described that as "an extraordinary injustice".
On Monday, the Supreme Court heard an admission from the the acquitted man that he had sex with the victim, a revelation not heard throughout the six-day trial.
His lawyer, Edward Chen said Moala had "taken the opportunity to try and explain" while in the witness box, where he "made many admissions that are, frankly, quite surprising".
In September, Supreme Court jurors found Seti Palei Moala, 28, not guilty of sexual intercourse without consent in company and two counts of sexual intercourse without consent.
Moala was found guilty of choking the female victim at Lyneham Motor Inn in the early hours of April 3, 2022.
In court on Monday, Chief Justice Lucy McCallum, speaking directly to the victim, said she was "bound to apply the law and it means I have to deal with the case in a manner that is consistent with the jury's verdicts".
"It is an extraordinary situation but I am bound by the law," the judge stated.
Co-accused Paula Fala Kata, 35, was acquitted of sexual intercourse without consent in company and sexual intercourse without consent.
Moala and Mr Kata were accused of "acting together" and raping the woman at the motel after she had fallen asleep.
During the trial, Moala's defence lawyer, Edward Chen, argued the victim "genuinely, but mistakenly, believes Mr Moala did those things to her and the distress she experienced is clearly real".
In court on Monday, Moala took the stand to give evidence as part of his sentencing proceedings for the choking charge, which he had previously denied.
He told the court he choked the victim for one minute, but said "we were kissing, that's why I was touching her neck."
A doctor observed red marks on the woman's neck "consistent with an episode of non-fatal strangulation", jurors previously heard.
On Monday, Mr Chen asked his client: "What were you thinking about the complainant's state of mind when you were holding down her arms?"
Moala responded: "We were having sex."
After hearing this, the victim, who was sitting the public gallery, rose to her feet.
"How can [Moala] get off on that?" she yelled.
Pointing directly at the Moala, she continued: "You are a rapist and you are a f---ing pig."
The woman then stormed from the courtroom before the court was adjourned for five minutes.
In an impact statement the victim read to the court shortly beforehand, she said Moala "forced me into a state where merely existing became excruciating".
"I pleaded for you to stop and those were pleas that you callously ignored," she stated.
"I want you to know that I've reclaimed my life.
"To move forward I've chosen to forgive you, but I'll never forget."
Parties agreed on numerous aspects of the morning in question, including that Mr Kata and the victim met and "hooked up" at Fiction nightclub in Civic before returning to the motel and having consensual sex.
Mr Kata denied then joining Moala in allegedly raping the woman after the second man returned to the motel later that morning.
Moala was accused of repeatedly calling himself "Spider-Man" while he sexually assaulted the woman, who claimed she woke up with the man on top of her, restraining and choking her.
Both men were cleared of the rape charges.
Chief Justice McCallum is set to hand down Moala's sentence on October 30.
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Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525.
