Court of Appeal overturns two sexual assault convictions of former ANU academic

Former Australian National University academic Rick McGary had his two sexual assault convictions overturned by the ACT Court of Appeal. The appellate panel ruled that the prosecution's use of tendency evidence - portraying McGary as a "determined pursuer" - offered little forensic weight and unfairly prejudiced the jury. Justice Natalie Charlesworth also questioned the credibility of the 2020 complainant after she deleted some text messages.

Although the court left open the possibility of a retrial for the 2020 incident, it described such a proceeding as unlikely and requiring careful consideration by the Director of Public Prosecutions. The appeal also found that earlier investigative practices placed McGary at a forensic disadvantage, tarnishing the administration of justice. In response, McGary called the decision unprecedented and urged the Director to drop the remaining charge, while the DPP is said to be contemplating a special leave application to the High Court.