Housewives remark brings retrial

A CROWN prosecutor who described the defence case of a man accused of rape as worse than a plot in Desperate Housewives had failed in his duty, the Court of Criminal Appeal ruled on Friday.

The prosecutor also likened the alleged victim's behaviour after the April 2003 assault to that shown in the movies.

In Tamworth District Court in June last year, a jury convicted Dean John Livermore of three counts of rape and one of indecent assault.

The appeal court found the crown prosecutor's closing address was "designed to ridicule and belittle" the defence theory the sex had been consensual.

He had also acted highly improperly by describing a witness, the alleged victim's boyfriend Mick, as an "idiot".

By portraying Mick as a fool for thinking the intercourse had been consensual, the prosecutor effectively told the jury they would also be fools if they reached the same conclusion, the court found.

When referring to the alleged victim's initial reluctance to contact police, the crown prosecutor had told the jury: "On the one hand she has got to do something 'cause she's worried about Mick. On the other hand, worrying about Mick did not stop her doing what the accused claims according to the defence. It is all silly. This is a real person we are talking about. I have not seen a plot this bad even on that Desperate Housewives."

He also defended the alleged victim, who had showered before calling police, by telling the jury that rape victims usually shower or bathe in the movies - a matter the appeal court found was "hardly a reliable basis" for such a submission.

After the prosecutor finished his closing address, the defence asked the judge to discharge the jury. The judge said: "I have to say, Mr Crown, I thought it was an address rather more enthusiastic and laced with personal observation than I have usually encountered in trials of this nature."

The court of appeal ruled the case will have to be re-tried.