The family of an ADFA cadet acquitted of rape will make a complaint to the ACT government, after they say he was prosecuted in the face of "overwhelming evidence" the complainant was not telling the truth.
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A jury on Wednesday found Jack Toby Mitchell, 19, not guilty of raping a fellow cadet on May 28, 2016, after a night out in Canberra.
It took the jury just over an hour to return the unanimous verdict.
Outside court the man, a former captain at his regional Victorian high school, addressed the media with a statement from his father.
He said the last year had been the worst of his life.
"I'm very relieved this ordeal is over, but I'm also angry that it had to come this far when the evidence clearly showed that the allegation made against me was totally false.
"Not only did the prosecution continue to run this case when it was clear the complainant was not telling the truth, but they only agreed to disclose crucial evidence to my lawyers after they threatened to have the trial stopped for unfairness."
His father Russell continued with a statement on behalf of the family.
He said they intended to make a formal complaint to the ACT Attorney-General "about the conduct of the police and the prosecution in continuing this prosecution in the face of overwhelming evidence that the complainant was not telling the truth, and for refusing to disclose evidence that helped to prove she was lying until they were forced to do so."
It had been alleged that the man and the woman returned to his room on the morning of May 28, 2016 after a night at Civic bar Mooseheads, when it was said she woke to him having sex with her.
The court heard the two 18-year-olds had been messaging for the weeks prior and had kissed the night before. He told police the sex was consensual, and that he had asked her if it was okay.
They were two different accounts that the man's defence barrister Steven Whybrow had described as "chalk and cheese".
Mr Whybrow declined to comment outside court, save for a short statement: "There's something to be said for the jury system."
Mr Mitchell's first acts after the verdict was delivered was to hug his defence solicitor Adrian McKenna of Ben Aulich and Associates and and Mr Whybrow. Barrister Prue Bindon was not present at Wednesday's verdict but completed the man's trial defence team.
Justice John Burns thanked the jury for what is never an easy task and discharged them.
"Thank you on behalf of the community for participating in this trial," he said.
He also sent Mr Mitchell home.
"The accused is discharged."
The ACT Director of Public Prosecutions brought in a former staff member, now defence barrister, Kylie Weston-Scheuber to prosecute the case against Mr Mitchell. Dr Weston-Scheuber prosecuted the ADFA Skype case in 2013.
JACK MITCHELL'S FULL STATEMENT:
The last 12 months have been the worst year of my life. I'm very relieved this ordeal is over, but I'm also angry that it had to come this far when the evidence clearly showed that the allegation made against me was totally false.
Not only did the prosecution continue to run this case when it was clear the complainant was not telling the truth, but they only agreed to disclose crucial evidence to my lawyers after they threatened to have the trial stopped for unfairness.
My lawyers wrote to the DPP last October pointing out all the flaws in this case but they refused to stop the prosecution.
It is difficult for me not to believe the police and the prosecution deliberately tried to suppress evidence that helped to prove my innocence.
I would like to thank my friends and colleagues who continued to support me throughout this difficult time and always believed me when I said I would never have behaved in the way alleged.
I would like to thank my lawyers for the commitment and passion in defending me and for fighting the DPP and make them hand over the crucial evidence they refused to disclose.
I would like specially like to thank ADFA for the support it has given me in the last year. Although I was removed from ADFA the day I was arrested and prevented from continuing my military training in Canberra, I completely understand that in the circumstances I could not continue to stay at ADFA with the complainant until this case was over.
ADFA could've just assumed I was guilty, kicked me out and moved on. I'm grateful that the defence force allowed me the presumption of innocence and took steps to allow me to continued my studies remotely until this court process was concluded.
I'm looking froward to resuming my ADFA training as soon as possible and trying to make up for the year of my life I have lost and can never get back.
Finally, I would like to thank my parents and other family who have never doubted me and without whose love and support and financial assistance I would not have had the strength or means to prop defence myself from this false allegation.
RUSSELL AND MICHELLE MITCHELL'S FULL STATEMENT:
We'd like to say we are immensely proud of Jack and the way he has handled this terrible ordeal.
We have raised our son to have respect for women and the evidence clearly showed he only ever treated this woman with dignity and respect.
Sexual assault and the mistreatment of women is a terrible problem in our society.
It does nothing to help those genuine victims of sexual assault for the authorities to waste valuable resources running hopeless cases like this.
We intend to make a formal complaint to the Attorney-General about the conduct of the police and the prosecution in continuing this prosecution in the face of overwhelming evidence that the complainant was not telling the truth, and for refusing to disclose evidence that helped to prove she was lying until they were forced to do so.