In short:
Rick McGary was last year found guilty of two counts of sexual assault over incidents against separate complainants in 2016 and 2020, but acquitted of a third count.
But the Court of Appeal has now set aside the convictions, ruling tendency evidence lacked probative value and had a prejudicial effect.
What's next?
Mr McGary could face a new trial over the incident in 2020.
A former Australian National University (ANU) academic has successfully had two sexual assault convictions set aside, but could face a new trial.
The jury in Rick McGary's third trial found him guilty over an incident at the Cotter Reserve in 2020 — but acquitted him of a second charge against the same complainant.
They also convicted him of sexually assaulting a different complainant in his room at the ANU in 2016.
In December, Chief Justice Lucy McCallum sentenced him to six years behind bars.
But the ACT Court of Appeal has now set aside the convictions, ruling tendency evidence lacked probative value and had a prejudicial effect.
A 'determined pursuer'
During the last trial, prosecutor Emma Bayliss argued the academic was a "determined pursuer" with a tendency to disrespect sexual boundaries.
"Each woman's account lends support to the other's account,"Ms Bayliss said.
But the appeal judges found the similarities between the incidents weren't strong enough to give them "significant probative value".
"The evidence shows little more than the fact that the two complainants have made allegations against the accused in respect of the events alleged in the indictment itself," Justice Natalie Charlesworth said.
"Other aspects of the tendency (a tendency to have sexual intercourse with an intimate partner in a context where past acts of sexual intercourse have been consensual) is a generic statement of little or no forensic force.
"The only circumstance that would render the elements of the offence more likely was that two people had alleged a sexual offence against the appellant rather than one."
Justice Charlesworth also found that the complainant in the 2020 incident having deleted some text messages between herself and Mr McGary and denying having sent others, raised significant concerns about her credibility.
Acting Judge Andrew Muller and Justice Jon White agreed, but with many of the texts having not been deleted, they concluded it did not infer she was attempting to control the narrative and the conviction was not unreasonable.
Retrial 'will require careful consideration'
With no unanimous finding, the court ruled there must be a retrial of that count of sexual assault — but noted it was unlikely to go ahead.
"Given the history of this matter, that will no doubt be a matter which will require careful consideration by the Director [of Public Prosecutions]"the judges said.
The appeal court also found prosecutors had obtained information during the previous trials about the 2016 incident – before he had been charged over it — putting him at a "forensic disadvantage".
The Court of Appeal ruled that bringing that charge to a third trial "brought the administration of justice into disrepute".
"On any retrial, the court's powers could not be exercised in a fashion so as to avoid the disadvantage of the appellant," Justice Charlesworth said.
The court ordered the conviction be set aside and that the charge never be tried again.
In a statement, Mr McGary welcomed the court's decision.
"What has been done to me is both unprecedented and a gross violation of democratic norms. Hopefully this will never [be] done to anyone else," he said.
"I sincerely hope that Madam Director [the ACT Director of Public Prosecutions] does the right thing by withdrawing the single remaining charge."
It is understood the Director of Public Prosecutions is considering seeking special leave to appeal against the matter in the High Court.
