Michael Martin, 70, to Stand Trial for 1983 Rape Allegation
Michael Francis Martin, 70, has been committed to stand trial for the alleged rape of Jessie Grace Lauder in 1983. He was cleared of a separate alleged attack on the same woman in 1981 due to insufficient evidence.
Commitment to Stand Trial
Martin faced the Melbourne Magistrates Court, where he was committed to stand trial on three charges. These charges relate to the alleged rape of Jessie Grace Lauder on July 6, 1983, at her Newport home in Melbourne's west.
DNA evidence found at the scene was deemed sufficient for a jury to consider the charges. Martin has pleaded not guilty to all three charges.
Earlier Charges Dismissed
Initially, Martin was charged with seven offences covering two alleged attacks in the early 1980s. However, four charges concerning an alleged 1981 attack on Lauder, then aged 82, were dismissed.
The prosecution had relied on alleged coincidences and similarities between the two events, as there was a lack of DNA evidence for the earlier incident.
Magistrate's Reasoning
Magistrate Rohan Lawrence stated that while the alleged offending was "reprehensible," the features presented by the prosecution for the 1981 case were common across "many instances of sexual offending by an intruder."
He concluded that there was not a reasonable possibility that the Crown would be permitted to rely on coincidence reasoning to argue that Martin was responsible for the first alleged attack. Consequently, Martin was discharged from those charges related to the 1981 incident.
Victim and Upcoming Hearing
Jessie Grace Lauder passed away in 1993 and cannot provide testimony regarding the incidents.
Martin was granted bail and is scheduled to appear in the County Court for a directions hearing on March 18.