The report alleges that Judge Gregory Lyon made significant mistakes during the County Court trial of Silvagni, which resulted in a jury convicting him on two rape charges last December.
Silvagni maintained his innocence against allegations of digitally raping a woman, who is referred to by the pseudonym Samantha Taylor, at his residence in Melbourne during the early hours of January 14, 2024.
During the trial, the jury learned that Taylor had consensual intercourse with Silvagni’s friend, Anthony LoGiudice, at the house. Following this, LoGiudice arranged for an Uber and departed the premises shortly before 2 a.m.
Subsequently, Silvagni deceived Taylor by claiming that LoGiudice’s Uber ride was canceled and that he would be returning upstairs.
However, it was Silvagni who entered the dimly lit bedroom shortly thereafter, impersonating LoGiudice, and then proceeded to digitally rape Taylor on two occasions.
In the aftermath, Silvagni went to the extent of forging an Uber receipt to falsely indicate that LoGiudice had exited his home after 2:30 a.m.
He also had a pre-recorded phone call with Taylor where he maintained his claims that it was LoGiudice in the room and said she should drop the case.
Silvagni’s lawyers have argued the judge’s first mistake was allowing the jury to consider the pre-recorded phone call as evidence of incriminating conduct.
Incriminating conduct is actions or statements made by an accused after an alleged crime that suggest guilt.
The judge also wrongly gave jurors directions about how they should use incriminating conduct in their deliberations, the grounds of appeal state.
Silvagni is seeking to have his appeal against the two rape convictions heard in an oral hearing, although a date is yet to be set.
He has not lodged an appeal against his jail term of six years and two months.
The 23-year-old will be eligible for parole after three years and three months.
Silvagni’s parents had previously flagged the appeal, telling reporters their son maintained his innocence and would clear his name.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
