Theo Theophanous' career will end if he stands trial, lawyer says

By Daniel Fogarty July 23, 2009
Article from: Australian Associated Press

THE career of veteran Victorian MP Theo Theophanous will be ruined if
he is committed to stand trial on rape charges, his lawyer has said.

Mr Theophanous, a former state government minister, will learn in the next
few days whether he will face trial accused of raping a woman on a couch at
parliament house in September 1998.

His lawyer Robert Richter QC said that with nominations for the MP's seat
expected to be announced at the conclusion of the case, Theophanous' career
was in the balance.

"There is a vast deal at stake here depending on Your Honour's decision,
" Mr Richter told the Melbourne Magistrates Court.
"There is to be a complete, wholesale destruction of a career depending on
this case."

Mr Richter described the case as a series of perjuries and attempts to pervert
the cause of justice by prosecution witnesses.
He urged magistrate Peter Reardon to "separate the chaff from the wheat"
when he considered the evidence and to discharge his client.
"If this did not have such tragic consequences as to force a minister of the Crown
to stand down whilst it was investigated it would make a comedy farce," he said.
But prosecutor Michele Williams said the case should be decided on the evidence
and Mr Theophanous' career was irrelevant.

"The defendant sits before you as any other citizen," she said.
"He gets no more treatment or less treatment than any other citizen."
The exchanges came during closing submissions in Theophanous' long running
pre-trial committal hearing.

The alleged victim claims the MP raped her on a red velvet couch in his
chambers during a parliament house tour.

Mr Theophanous denies the allegation.

The court heard for the first time today that Theophanous does not deny the
woman visited his office.

Ms Williams said phone records from the night of the alleged rape place
Theophanous in the city and supported the victim's story that she called
several friends.

She said the alleged victim's brother also supported her story by saying he had
seen red marks on her face.

The prosecutor said it was "absolutely scurrilous" for Mr Richter to claim key
police witnesses had committed perjury.

Ms Williams said this was not a case where the magistrate should discharge the
defendant at the committal stage.

Mr Richter said no reasonable jury could convict the Mr Theophanous.
"Your honour, in my submission, is obligated to discharge Mr Theophanous,"
he said.

Ms Williams will resume her closing address when the hearing continues on Friday.