Two convicted rapists who attacked a woman at a Fraserburgh farmhouse are awaiting their fate after launching a bid for freedom.
Nerijus Radavicius, 29, and Justinas Gubinas, 22, who both insisted throughout their trial they had consensual sex with the 32-year-old woman they met in a nightclub, lodged appeals against their convictions in November last year.
Judges at the Court of Criminal Appeal in Edinburgh heard their case yesterday, but couldn’t come to a decision. They will now take time to consider their verdict at avizandum. No date has been set which they must reach a decision by.
The pair were found guilty raping the woman and filming it on a mobile phone after a trial at the High Court in Aberdeen earlier this year.
Ovidijus Kavaliauskas, 22, was with the pair, and was convicted of raping her while she was asleep.
During their trial, the jury heard the three men met the woman, who cannot be named for legal reasons, and she agreed to go back to their house.
They maintained throughout the trial that the woman had consensual sex with them, and insisted they had not raped her.
As they were being sentenced, defence advocate George Gebbie – representing Gubinas – told the court: “His position has not changed. He claims it was consensual.”
Radavicius’ advocate Dale Hughes added: “My client said he thought it was consensual.
“At one point she was talking about ‘getting it on’.”
All three men were placed on the sex offenders register during sentencing.
Judge Lord Armstrong told them: “The crime of which you were convicted – rape – is a grave crime against which all women should be protected.”
At the time police praised the courage of their victim for coming forward. Detective Inspector John Swanney, of the public protection unit, said: “I hope that she can move on with her life as best as she can in the knowledge that these men have been brought to justice for the crimes they committed and received significant custodial sentences.”