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Michael Francis Martin, aged 70, has been exonerated of charges related to a second alleged rape of the same woman that purportedly occurred 21 months prior, as the evidence was deemed insufficient.

Initially, Martin faced charges for seven offenses in connection with two alleged sexual assaults dating back to the early 1980s.

Prosecutors had argued that there were 13 factors linking Martin to both alleged attacks, highlighting that each incident supposedly happened at the same location, involved the same victim, and occurred within a similar timeframe.

The prosecution maintained that the circumstances of these offenses were comparable, noting that the victim, known as Lauder, was reportedly instructed to lie on the floor, remove her clothing, and refrain from contacting the police in both instances.

In contrast, Martin’s defense team presented six points of dissimilarity between the two incidents. These differences included the use of a weapon, demands for silence, and the theft of money.

Magistrate Rohan Lawrence said the offending was “most serious and certainly traumatic” but found the prosecution’s features were common across “many instances of sexual offending by an intruder”.

“I do not believe there is a reasonable possibility that the Crown would be permitted to rely on coincidence reasoning to argue that the accused was responsible for the first offending,” he said.

“Accordingly, I will discharge Mr Martin on charges one to four.”

He said all of the offending allegedly committed against Lauder was “reprehensible”.

However, it was not committed in a way that would provide the prosecution with a “strong argument” that the two alleged attacks were perpetrated by the same person, Lawrence said.

Additionally, Lauder died in 1993 and cannot be called as a witness to give evidence about the incidents.

Martin was placed on trial bail and will face the County Court for a directions hearing on March 18.

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