news, crime, act bail laws, act criminal law, attorney-general gordon ramsay, fake rape case, innocent man jailed

ACT Attorney-General Gordon Ramsay said on Thursday that the justice system had ultimately worked in the case of an innocent man who spent months in jail over a fake rape allegation. His accuser was eventually prosecuted and jailed for her crime. The former ACT Corrections officer, who cannot be named for legal reasons, was locked up in Goulburn Supermax for four and a half months in 2014. It stemmed from an allegation by the man's ex-partner who had elaborately faked a crime scene at her home and accused the man of raping her. In truth, the man was innocent but was forced to endure being arrested twice in front of colleagues and family and months in jail where he spent up to 23 hours a day in his cell. The incidents surrounding the man's arrest and subsequent time in custody are under review. However, when questioned in the Legislative Assembly by members of the opposition, Mr Ramsay said ultimately the right outcome had been achieved by the justice system. "What has happened is the person who made that false claim, which is a heinous thing to be doing in our justice system, has been found by police and has been prosecuted," Mr Ramsay said. "They have been convicted and they have been imprisoned." The woman was sentenced to more than three years jail in January for making the false allegation. Shadow Attorney-General Jeremy Hanson asked Mr Ramsay why, if there had been no failings, was the case under review. Mr Ramsay said it was wrong to assume there was a failing before the completion of any reviews. He said the reviews will determine what action, if any, needed to be taken due to this particular case. Mr Ramsay added that he had been speaking with the man and his family about support services available, making complaints and the process of applying for an ex-gratia payment. An ex-gratia payment is a payment made in compensation but without having to accept liability. Liberal Assembly member Nicole Lawder questioned Mr Ramsay over calls to change the Bail Act in response to the case. Mr Ramsay said the granting of bail was a balancing act. "It is a matter of competing rights, competing responsibilities and the Bail Act is a complex one," he said. "Our laws do rightly allow a magistrate to remand people in custody before trial on the evidence that is placed before the court at that stage. "What this case also shows is that people that abuse those protections for their own purposes, as was the case, will be held accountable." When sentencing the woman in January, Magistrate Beth Campbell said she had exploited how seriously police and the justice system treated allegations of sexual and domestic violence. She said she had undermined both the justice system and the victims of domestic violence.

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