December 19th 2024.
A man, who allegedly pretended to be a police officer and sexually assaulted two teenage sex workers over 36 years ago, has had his convictions overturned and will face a new trial. Theodoros Tsalkos was initially found guilty by a jury and received a sentence of up to 13 years and six months in prison in 2023.
At the age of 25, Tsalkos was accused of approaching two young sex workers, aged 15 and 16, in St Kilda while posing as an undercover cop. It wasn't until 2022, more than three decades later, that he finally stood trial for his alleged crimes. The girls claimed he held them captive in his car and raped them for several hours.
During the trial, County Court Judge Rosemary Carlin did not hold back in her condemnation of Tsalkos, calling his actions "pure evil" and labeling them as "sadistic and vile". She handed down a minimum sentence of eight years and two months in jail. However, Tsalkos, who is now in his 60s, appealed against his convictions on the grounds that the jury had been misled during their deliberations.
Specifically, he argued that the jury had not been properly warned about the weight of a mother's testimony regarding one of the victim's distress. Instead, they were encouraged to use it as "independent" evidence in their decision. Today, the Court of Appeal, by a majority, agreed with Tsalkos and found that the judge had indeed given incorrect directions to the jury. As a result, his convictions were set aside and a new trial was ordered.
The Justices in the majority, Karin Emerton, Stephen McLeish, and Christopher Boyce, stated, "We have concluded that a significant miscarriage of justice occurred." They granted Tsalkos leave to appeal against his conviction and ordered a new trial. In a separate decision, Justice Phillip Priest agreed with his colleagues and also found that Tsalkos' appeal on a second ground should also be successful.
This second ground concerned issues with the credibility of witnesses and the handling of the prosecution's closing argument during the trial. Ultimately, it was a unanimous decision by the Court of Appeal to set aside Tsalkos' convictions and order a new trial. This case serves as a reminder that the justice system is not infallible and that it is critical for all evidence to be carefully considered and weighed in order to ensure a fair trial for all involved.
In the meantime, the National Sexual Assault, Domestic Family Violence Counselling Service, 1800RESPECT, is available to provide support and assistance to anyone who has experienced sexual assault or family violence. It is essential to seek help and support in such traumatic situations, and this service is here to help.
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