Tom Silvagni, the son of Australian Rules football icon Stephen Silvagni, is set to appeal his conviction for rape after his legal team identified what they claim were two crucial errors made by the trial judge.
Grounds for the Appeal Revealed
Silvagni was found guilty on two charges of rape by a jury in the Victorian County Court in December. The trial, presided over by Judge Gregory Lyon, heard that Silvagni digitally raped a woman, known under the pseudonym Samantha Taylor, at his Melbourne home in the early hours of 14 January 2024.
The grounds for his appeal were made public on Thursday. The first ground contests Judge Lyon's handling of evidence from a 'pretext call' – a recorded conversation between Silvagni and the victim orchestrated by police. Silvagni's lawyers argue the judge was wrong to rule that statements made during this call could be seen by the jury as evidence of incriminating conduct.
The second ground claims the judge erred in his directions to the jury about how they could use this alleged incriminating conduct evidence. If the appeal succeeds, Silvagni's convictions will be quashed, potentially leading to an acquittal or a retrial.
The Night of the Assault and Subsequent Conviction
The court heard that Ms Taylor, who had a brief relationship with Silvagni's friend Anthony LoGiudice, was invited to the house by Silvagni's girlfriend. After socialising, the group went to bed separately, and Ms Taylor had consensual sex with Mr LoGiudice. He left the property just before 2am after ordering an Uber.
Prosecutors stated that Silvagni then went to Ms Taylor's room and lied, telling her Mr LoGiudice's Uber had been cancelled and he would return. A short time later, Silvagni entered the dark bedroom, pretended to be his friend, and digitally raped the woman twice.
In the aftermath, Silvagni admitted forging an Uber receipt to make it appear Mr LoGiudice left after 2:30am. He claimed he did this out of panic after being falsely accused, but the jury rejected his account.
Sentence and Family's Response
On 17 December, Judge Lyon sentenced the 23-year-old to six years and two months in jail, with a non-parole period of three years and three months. The judge described the offending as egregious and callous.
Following the guilty verdict in December, Silvagni's parents, Stephen and former TV star Jo, made a public statement. They asserted their son's innocence and his determination to clear his name.
The appeal process will now determine whether the legal arguments over the judge's conduct of the trial will overturn the conviction and the substantial prison sentence.
