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Rapists set to appeal conviction at High Court

Justinas Gubinas (left) and Nerijus Radavicius.
Justinas Gubinas (left) and Nerijus Radavicius.

Two men who raped a woman in Fraserburgh will appeal their conviction at the High Court later this month.

Nerijus Radavicius, Justinas Gubinas and Ovidijus Kavaliauskas attacked the 32-year-old at a farm house after meeting her in a nightclub.

Radavicius, 29, and Gubinas, 22, were found guilty of the concerted rape of the woman and filming it on a mobile phone after a trial at the High Court in Aberdeen last year.

Kavaliauskas, 22, was convicted of raping her while she was asleep.

The trio, all from Lithuania, were each sentenced to four-and-a-half years in jail.

But now Radavicius and Gubinas – who both insisted through the trial that they had consensual sex with the woman – have lodged appeals against their convictions.

Their case will go to the High Court of Justiciary in Edinburgh next week.

During their trial, the jury heard that the three men met the woman, who cannot be named for legal reasons, at a nightclub 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.

The trio 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.”

Gubinas and Radavicius will appeal against their conviction next week on June 30.