In a significant legal development, three men previously found guilty of the gang rape of three teenagers have seen their convictions overturned by the New South Wales Supreme Court. Two of the men are now set to face a retrial, while the third has been fully acquitted and is eligible for immediate release.
Appeal Court Overturns Joint Criminal Enterprise Verdict
The three men – Maurice Hawell, 31, Andrew David, 31, and Marius Hawell, 24 – were originally jailed in July last year following a trial in the NSW District Court. They had been convicted of engaging in a joint criminal enterprise to rape three young women, aged 18 and 19, during a weekend in February 2022.
The assaults were alleged to have occurred at an Airbnb property in Newcastle, New South Wales, during a bucks party for the older Hawell brother. Throughout the original trial and subsequent appeal, all three men maintained their innocence.
Split Outcome Following Successful Appeal
On Monday, the NSW Supreme Court in Sydney upheld their appeals against conviction. The court delivered a split outcome for the accused.
Marius Hawell, the youngest of the trio, was acquitted of all charges. His acquittal means he is now entitled to be released from custody immediately. He had been ordered to serve a minimum of five years and five months of a nine-year sentence.
For the other two men, the result was different. The convictions for Maurice Hawell and Andrew David were quashed. However, the court did not acquit them; instead, it ordered that they must face a fresh trial on the allegations.
Case Returns to Square One for Two Defendants
This ruling means the legal process effectively starts again for Maurice Hawell and Andrew David. Prosecutors will now need to decide whether to proceed with a second trial, presenting their evidence before a new jury.
The decision by the Supreme Court highlights the rigorous nature of the appeals process within the Australian justice system, where convictions can be scrutinised and overturned if legal errors are found. The case has now returned to a state of uncertainty, pending the next steps from the Crown.
The outcome leaves a complex situation for all involved, particularly the victims who testified in the initial trial. The prospect of a retrial suggests a prolonged legal journey ahead for two of the accused, while the third walks free following the court's decisive acquittal.
