Accused in rape case retrial granted bail

AN accused rapist who had his convictions quashed because he was denied the chance to eyeball potential jurors has been granted bail.

Anthony Cook will walk free from prison today, a little over 12 months into what would have been an eight-year stint behind bars.

He was convicted last year of six counts of rape following a nine-day County Court trial in Geelong.

But those convictions were quashed this week by the Court of Appeal, which ordered a retrial, after ruling there were flaws in the jury selection process.

In Victoria, during the empanelling of a jury in a criminal trial, an accused person has the right to reject up to six potential jurors by making a “peremptory challenge”.

The longstanding practice is that prospective jurors walk past the dock before entering the jury box, offering the accused the opportunity to inspect the person and decide whether to challenge.

Mr Cook argued the trial judge’s direction that prospective jurors were not required to walk past him had deprived him and his lawyer of the opportunity to properly observe and challenge prospective jurors. The Court of Appeal ruled that accused persons must have a “reasonable opportunity to visually inspect each prospective member of the jury”.

Mr Cook was bailed on conditions he live in Warrnambool, surrender his passport, and not attend any points of international departure.

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.