AN appeal by two brothers convicted of gang raping two Sydney teenagers has been dismissed by the NSW Court of Criminal Appeal.
The brothers, known as MSK and MAK, today appealed against their convictions, claiming they had not been given a fair trial. MSK, 25, and MAK, 23, were sentenced in April this year to 22 years and 16 years in jail respectively, for the gang rape of two girls at a home in Ashfield on July 28, 2002.
MSK today told the court their convictions should not stand because they were not allowed to cross examine their accusers.
MSK and MAK, who represented themselves, were the first to be tried under amendments to the Criminal Procedure Act, passed by the NSW government in September last year.
The new law bars those charged with sexual assault, and who have no legal representation, from directly cross examining their alleged victims.
MSK said the NSW Parliament's amendments were inappropriate.
"Parliament has no power to interfere in the ... rights of anyone in NSW," he told the court today.
But the full bench of the appeal court dismissed their claims, with Justices Keith Mason, James Wood and Graham Barr ruling the trial had not unfairly disadvantaged the brothers.
"It's difficult to see why they had any basis at all for claiming they were denied a fair trial," Justice Wood said.
The justices also said that, because the pair had been offered the services of state-funded lawyers to represent them and cross-examine the accusers – a move they rejected – all their rights had been given to them.
"The appeal against convictions should be dismissed," Justice Mason said.
The pair said they would now appeal against the severity of their sentences.
