VICTORIAN Labor Party stalwart Theo Theophanous made sexual advances
toward a young female intern during the same year he is accused of raping a
woman in his parliamentary office, a court has heard.
Prosecutor Michele Williams argued that a statement of the intern's evidence
be admitted as evidence in Mr Theophanous' rape committal in the Melbourne
Magistrates' Court. "Low and behold we have another young woman, who in
the very same year, makes accusations of not rape, but inappropriate
behaviour in the workplace on three occasions," she said.
"This case has been run on the fact that the complainant is a fantasist,"
Ms Williams said.But Ms Williams said these other allegations have some
similar features and, "is capable of supporting her (the alleged victim's)
version of events.
"Mr Theophanous' defence barrister Robert Richter said the allegations the
female parliamentary intern made were that Mr Theophanous brushed
his hand across her thigh, and on two separate occasions said "something
along the lines that she was gorgeous, and that he found her attractive
"Earlier the court heard that the then the deputy commissioner of Victoria
Police, Simon Overland, established a special task force of senior
investigators to examine the conduct of the police investigating a rape claim
against ALP veteran Theo Theophanous, a court has heard.
In a morning of dramatic legal argument in Mr Theophanous' rape committal
hearing in the Melbourne Magistrates' Court, top defence silk Robert Richter
QC told the court that the MP had written to Mr Overland in January asking
for an inquiry into the way the rape investigation was managed."In January this
year a complaint was made to Simon Overland about the conduct of the
investigation into Mr Theophanous," Mr Richter said.
Following this Mr Richter said an internal taskforce of senior officers was set
up to investigate the rape investigation lead by Detective Sergeant Doug
Smith from the Sex Crimes Unit.
Mr Smith, who took the stand this morning, said an high level investigation
into rape investigation had been established, but he denied it was a "taskforce."
"An internal inquiry didn't commence until March this year and it had nothing to
do with the complaint by Mr Theophanous," he said.
Mr Smith said the secondary investigation was ongoing and being
completed by a high ranking officer within the Chief Commissioner's office.
But he said, "it was certainly not a taskforce."Magistrate Peter Reardon
accused the parties of carrying out legal debate for the benefit of the media.
"This is turning into an OJ Simpson type case. You might as well stand out on
the front steps of the court and announce your position to the media," he said.
The comments followed an attempt by prosecutor Michele Williams to correct
on the record, information that was published in the media about SMS messages
allegedly sent by the complaintant to Mr Theophanous on Christmas and New
Years Eve.
The court heard that Mr Theophanous told a Melbourne newspaper
about the SMS messages, but later found out they were fake texts that had
never been sent.
Ms Williams said she did not allege that Mr Theophanous had anything to do
with the creation of the fake text messages but he and his wife had relied upon
them in conversations had with media.
Mr Richter said the person who had produced the SMS records to
Mr Theophabous was perpetrating a fraud on him and this matter is also
being investigated by police.
Written By: Lauren Wilson
July 17, 2009
The Australian
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