Her underwear and other clothing were thrown out by police without being tested for DNA. Ms A was told by police that there were no doctors available in Rockhampton, a city of about 80,000 people, to check her for injuries and she would need to drive to Yeppoon if she wanted an examination. The judge at Mr Mansoori's first trial told the jury there had been a "failure" by police to organise a doctor for the woman in the hours after the incident. "They simply appear to have taken 'no' from the medical examiner on the night in question as a sufficient answer without perhaps making proper arrangements to have the complainant examined somewhere else if the local medical examiner was not available," Judge Michael Burnett said at trial. When handing down his reasons for granting Mr Mansoori an appeal, Justice James Henry wrote he found it "difficult to understand how a competent investigation could not have pressed for and ensured the prompt examination and testing of the complainant in a city the size of Rockhampton".

"It is also difficult to understand how a competent investigation could have failed to arrange for the examination of the complainant’s clothes and instead destroyed them," he wrote. "It was a sustainable inference that these shortcomings involved incompetence and that there may have been a lack of candour about how the clothing came to be destroyed." A Queensland Police Service spokeswoman said: "As this matter is still before the courts it would be inappropriate to comment". Ms A was separated from her husband and living with her young son at the time. She had invited Mr Mansoori over at about 9pm, when her son would be in bed.

"They shared a soft drink and sat in the lounge, with the television running, at opposite ends of a couch with inbuilt recliner seats," the Court of Appeal judgment read. Mr Mansoori tried to hold Ms A's hand and kiss her, but she pulled away, a fact not disputed by his solicitor at trial. "She told him she was not interested in sleeping with him or having a one-night stand," the judgment read. At trial, the jury heard Mr Mansoori grabbed at Ms A’s breast, pulling her strapless dress down. "She tried to push him away but one of her arms was pinned against him and she was also trying to cover up her exposed breast. He ran his hand up her thigh," the judgment read.