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Seduced by DNA 'evidence', but with precious little to corroborate it, a jury was quick to convict Farah Jama of rape. Julie Szego reports on a miscarriage of justice. Stephanie Johnstone, nightclub supervisor, had been doing laps around Venue 28, in the Melbourne suburb of Doncaster, picking up glasses and plates and issuing orders to staff, when at 10.50pm a security guard approached her. There was a problem in the female toilets near Bar Three and the DJ booth. Johnstone went to check it out. Ordeal by jury: After serving almost 18 months in prison for a crime he did not commit, Farah Jama is now back home, having received compensation of half a million dollars. Credit:Julian Kingma Walking into the toilet block, she saw a woman's leg poking out beneath the door of the first cubicle on the left.
There was no sound from inside. Johnstone bent down. In the gap between the door and the floor she could see the woman sitting motionless on the floor. She tried to push open the cubicle door, but it was locked. She tried speaking to the woman, but there was no response. So Johnstone went into the adjoining cubicle, climbed onto the toilet seat and stepped on the sanitary napkin disposal unit.
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Springing up on her toes, she peered over the other side. The woman was slumped at an angle, her back against the wall and door, the button and zip of her pants undone. Immediately, Johnstone hoisted herself over the wall and into the cubicle where she grabbed hold of the woman and tried unsuccessfully to drag her away from the door. 'I need to get someone out of the toilets,' Johnstone yelled to a guard outside. A female patron arrived and also climbed over the wall.
The two grasped the woman firmly under the arm and managed to slide her across the floor, away from the door so that it could be opened. Johnstone called out to three security guards who had been waiting outside the toilets. They rushed in and hauled the woman up, one on either side holding under her armpits, the third grabbing each ankle. Johnstone picked up the woman's handbag and followed. Vindicated: Farah Jama reads from the 2010 report by Frank Vincent, QC, into his case. Credit:AAP The men lumbered down past the DJ booth and along the dance floor, backtracking and shifting course to avoid bumping into patrons. They carried the unconscious woman up three lots of stairs to the band room in the backstage area.
At one point, the guard holding the woman's feet lost his grip and a heel thumped to the floor. The band room, its carpet criss-crossed with silvery duct tape to hold down electrical cords, was virtually the only part of the club that offered some calm and privacy. The guards laid the woman down on her side. By this time, her pants had slipped down to her hips. Johnstone sent another employee to ring for an ambulance. The woman was regaining consciousness.
Johnstone gave her some water. The woman murmured, over and over, 'I'm sorry.' 'You have nothing to be sorry about,' said Johnstone, trying her best to soothe the woman whose name she now knew as Maria, stroking her head as it rested on her knees.
In the ambulance, a female paramedic asked Maria more questions, but she could only repeat, 'I'm sorry. I just don't know what happened.'
Justice is served: Jama and his appeal lawyer, Kimani Boden, on the steps outside court after Jama's 2009 acquittal. Credit:AAP At 12.30am the ambulance pulled in at the Emergency Department of the Austin Hospital at Heidelberg, in the city's northeast. Free restaurant management software in vb net list.
The triage nurses at reception saw a middle-aged woman brought in on a stretcher. They were told she had been found unconscious on the floor of a nightclub toilet cubicle, hardly an unusual scenario on a Saturday night in Melbourne. But this woman seemed worse than the norm. She was unresponsive, vomiting over and over.
Later, as Maria was carried through the hospital, she realised she had something stuck to her buttock. 'You've got tape on your bottom,' a nurse said, ripping the strips from her skin. On July 14, 2008, a young Somali man stood trial in the County Court of Victoria for the rape of a 48-year-old woman while she was unconscious at a Doncaster nightclub called Venue 28. The man, 21-year-old Farah Abdulkadir Jama of Preston, pleaded not guilty to the crime. The jurors saw in the dock an athletic-looking African youth with strong features. Eyebrows raised, head tilted slightly back, he appeared dismissive and defiant. He appeared defiant even as the Crown presented DNA evidence of Jama having had sex with the woman without her consent.