'Incorrect identification' claims leads to rapist appeal
A GATTON man who was sentenced to six years behind bars for brutally raping a woman, whose car had broken down on a road near Toowoomba, has appealed his conviction claiming she did not correctly identify him at his trial.
Serial rapist Martin Karl Gould, 40, was found guilty last year in the Toowoomba District Court of raping the woman alongside the Drayton-Connection Rd at Vale View on August 7, 2010.
His trial heard the woman had pulled over after having trouble with her car and was checking the car with a torch when Gould pulled up in a van and offered to help, but she declined his offer.
Gould grabbed the woman, shoved her into the back of his van, punched her and held a knife to her face as he raped her.
He had then shoved the woman out of the van and left her at the side of the road as he drove away.
However, Gould contested the conviction in the Queensland Court of Appeal on Monday on the grounds his guilty verdict was unreasonable and not in line with the evidence produced at his trial.
Defence barrister David Shepherd told the court the woman's selection of Gould's picture from a police photo board was not conclusive.
He said the woman said the picture she selected "looked liked" Gould so therefore could not be deemed as being a positive identification.
"There are significant issues surrounding the photo evidence," he said.
"The judge failed to give reasonable directions to the jury about the fairness of the photo board given it was not conclusive.
"In essence the process was flawed. The evidence between the picture and the police comfit was tenuous at best."
Mr Shepherd said the woman was unable to positively identify Gould at his trial.
"There is no doubt the description given by the woman after the traumatic event are in complete contrast to what my client looked like at the time," he said.
"The Crown claims that the woman's actions when selecting the picture were a positive identification of her attacker even though she did not say it was the accused.
"Her emotional reaction cannot be used to determine a positive identification."
The court reserved it decision.