Brit expat caged over rape of American backpacker in Australia could go free as conviction is contested due to new DNA evidence
A British man working in Australia has had his conviction for rape overturned after a new advanced DNA test
A BRITISH man jailed for allegedly raping a sleeping woman in Australia has been granted a retrial after new DNA evidence emerged.
Scott Harry Richardson, 26, was jailed for a minimum of two years and three months in March 2017 over the alleged attack on an American backpacker in Sydney in December 2015.
Richardson, who grew up and went to university in England, worked as a wine adviser.
During his trial he said he had jumped on the woman while she slept under a duvet, mistaking her for a friend and left after realising the error.
“I got off and said ‘sorry’ and left," he told the court.
He denied rape but was found guilty of two counts of sexual intercourse without consent by a New South Wales jury.
Now a more advanced DNA test on a sample taken from his alleged victim has led judges to order a retrial.
Mr Richardson's solicitor, Nick Hanna, saud: "It was an important part of the Crown's case that only one male's DNA had been found in the complainant's vagina.
"The testing that we caused to be carried out using the more advanced system found two males' DNA in the complainant's vagina."
Richardson's appeal was heard by a panel at NSW's Supreme Court on Monday.
The judges ruled that he was deprived of a reasonable opportunity of an acquittal, Mr Hanna said.
The more advanced testing method, Yfiler Plus, checks for 27 markers in a DNA sample.
However the technique used by forensic investigators in NSW checks for 17 markers.
During the trial Richardson said he had jumped on the woman while she slept under a duvet, mistaking her for a friend, and left after realising the error.
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Richardson's case could have ramifications for other people convicted of offences where DNA evidence has been relied on in New South Wales.
"A lot of people are talking about the appeal, there is going to be lots of defendants and also police who will want this more advanced system of testing," Mr Hanna said.
"Police will want it to make sure that when they send off for testing, there is a maximum possibility for a match.
"This case will affect not only how they are defended but how they are prosecuted."
Mr Richardson, who is eligible for parole in 2019, is expected to apply for bail following the decision.
The retrial will be heard at the New South Wales District Court at a date to be confirmed.
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