Victorian Rapist Walks FREE After Judge Throws Out Case
An accused rapist who had his convictions thrown out because he was denied the chance to eyeball the potential jurors on his case has been granted bail.
Anthony Cook is set to walk free from prison today, just 12 months into what would have been an eight-year stint behind bars.
He was convicted of six counts of rape following a 9 day trial last year.
However, yesterday those charges were dropped by the Court of Appeal, who ordered a retrial, arguing there was major flaws in the selection process.
In Victoria, during jury selection, an accused person has the right to reject six jurors by making a ‘’peremptory challenge’’.
Cook argues that the judge’s direction to the prospective jurors were not to pass him, which deprived him and his lower of the opportunity to observe and challenge prospective jurors.
He is due to return to court next month for a mention hearing ahead of a retrial.
His alleged victim, a single mother, will be forced to give evidence again.