Michael Alan Gillard

Posted: November 3, 2012 by Serendipity in A.C.T, Photo
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UPDATED:  OCTOBER 2016

The ACT Court of Appeal has slashed the non-parole period set for Gillard. He has been resentenced to nine years and two months in jail, with the non-parole period of five years and three months reinstated. With time served he will be eligible for parole in March next year.

 

UPDATED: DECEMBER 2014

http://www.abc.net.au/news/2014-12-16/child-molester-sentenced-to-decade-behind-bars/5971244

Child molester Michael Alan Gillard sentenced to decade behind bars

By Ewan Gilbert

Tue 16 Dec 2014, 5:46pm

A Canberra man who molested two teenage sisters in his care has been sentenced to more than 10 years behind bars.

Michael Alan Gillard, 61, sexually abused the two girls while they were staying with him during school holidays in the 1990s and early 2000s.

Gillard was first found guilty of eight counts of sexual abuse in 2011 and sentenced to nine-and-a-half years’ jail.

But he successfully appealed to the High Court that the trial judge had made a mistake in directing the jury over the law of consent.

Gillard defended the charges by saying the elder sister had consented to their sexual relationship after she turned 16.

The High Court ordered a retrial on a number of the charges, but Gillard instead made a deal with prosecutors and agreed to plead guilty to two charges if the remaining three were dropped.

Today he was again sentenced on those two charges, which included an act of indecency and sexual intercourse without consent.

He was also sentenced for two more related charges he had been found guilty of during a separate trial, which included another act of indecency and attempted sexual intercourse without consent.

Justice John Burns said Gillard had shown no remorse.

“You cynically and evilly took advantage [of the two girls],” Justice Burns said.

He sentenced Gillard to four years in jail for each for the sexual assault charges and six and 12 months for the two acts of indecency.

The combined sentences, including those from the original trial, totalled 10 years and nine months in jail.

Gillard will be eligible for parole in December, 2018.

 

UPDATE:  OCTOBER 2014

http://www.abc.net.au/news/2014-10-09/no-retrial-for-canberra-man-accused-of-sexual-assault/5802694

Canberra man Michael Alan Gillard pleads guilty to abusing two girls despite winning retrial

By Ewan Gilbert

Updated

A 60-year-old Canberra man has pleaded guilty to sexually abusing two sisters in his care despite earlier winning a High Court battle for a retrial.

Michael Alan Gillard was sentenced in 2011 to nine-and-a-half years’ jail.

He was found guilty of eight counts of sexual abuse against two girls while they were staying with him during school holidays in the 1990s.

Gillard unsuccessfully appealed half of his convictions in the ACT Court of Appeal, but successfully took his fight to the High Court, arguing the trial judge erred in directing the jury over the law of consent.

He had defended the charges by saying the elder sister had consented to their sexual relationship after she turned 16, the age of consent.

A retrial was ordered but today in the ACT Supreme Court Gillard’s lawyer Michael Kukulies-Smith indicated his client had since made a plea deal.

Gillard pleaded guilty to two charges of sexual abuse and the Director of Public Prosecutions (DPP) agreed to drop the remaining three charges.

He is expected to be sentenced later this year.

UPDATE:   MAY 2014

Gillard has won a High Court appeal for a re-trial. His case will now return to the ACT Supreme Court.

 

 

UPDATE:  November 2013

Has taken his appeal to the High Court in Sydney. The hearing will take place next year.

 

UPDATE:  April 2013

Appeal dismissed in the Supreme Court of the ACT – Court of Appeal.

http://www.canberratimes.com.au/news/local/news/general/man-jailed-overchildsex-abuse/2379954.aspx

Man jailed overchild-sex abuse

BY LOUIS ANDREWS COURT REPORTER

03 Dec, 2011 01:00 AM

A man who subjected a friend’s teenage daughter to continued sexual abuse in the 1990s has been jailed for more than nine years.

And Michael Alan Gillard now faces another sentence for sex crimes against the victim’s little sister.

Chief Justice Terence Higgins sentenced Gillard to nine years and nine months for ”an egregious act of betrayal” towards adolescent girls in his care.

In a victim impact statement read in the ACT Supreme Court yesterday, his older victim described how Gillard ”took my childhood, my innocence and my freedom”.

The woman added ”he no longer has, and never will have, control over me.

”I believe the world will be a safer place if he loses his freedom and never has the chance to do to another child what he did to me.”

But the court heard Gillard is set to appeal against at least some of the convictions.

Earlier this year a jury found Gillard guilty of eight sexual offences, all but one – committing an act of indecency in the presence of another – against the older girl.

The exception was an incident when he forced the girl to give him oral sex as the younger girl looked on in shock.

The sentencing judge described that particular offence as Gillard demonstrating his power over his victim.

He was also found guilty of possessing child pornography in relation to nude photos taken of the older girl.

And earlier this week, after a separate trial, a jury convicted him on charges of having sex with the younger girl, then just 13, and committing an act of indecency on her.

The 57-year-old faces a sentencing hearing before Justice John Burns in relation to the second trial next week.

The abuse of both victims occurred between 1995 and 2000, when the girls would come to stay with Gillard in Canberra during the school holidays.

Their brother was ill and confined to a hospice in the capital so Gillard, a friend of their father’s, arranged to take them into his care so they could be closer to the sick man. ”I think he had, in his own twisted mind, [the impression] that she fancied him,” Chief Justice Higgins said in relation to the older victim.

He added ”nothing could be further from the truth”.

Defence barrister Ken Archer pointed to his client’s lack of relevant convictions, and argued Gillard was a good candidate for rehabilitation.

But prosecutor Margaret Jones said it wasn’t unusual for child-sex offenders to have an unblemished criminal record.

”The accused took advantage of [their] situation, he had them in his care, they were a captive audience … there was nowhere they could go, there was no where they could turn,” Ms Jones said.

The judge said the most important factor in sentencing, ”regrettably, is punishment”.

”He was in a position of trust in respect of her,” Chief Justice Higgins said.

”He knew she, and her sister for that matter, were in his care because of the tragic circumstances which concerned their older brother.”

The prisoner will be eligible for parole in March 2017.

 

http://www.canberratimes.com.au/news/local/news/crime-and-law/jail-for-abusing-friends-daughters/2379578.aspx

Jail for abusing friend’s daughters

BY LOUIS ANDREWS

02 Dec, 2011 04:18 PM

A man who sexually abused his friend’s daughters in the 1990s has been jailed for more than nine years.

ACT Supreme Court Chief Justice Terence Higgins today jailed Michael Alan Gillard for nine years and nine months, with a non-parole period of five years and three months.

A jury in September found Gillard guilty of seven sexual offences committed against the older girl, and committing an act of indecency in the presence of her younger sister.

A second jury also found Gillard guilty earlier this week of sexual offences against the younger sister. Gillard is expected to be sentenced in relation to those charges next week.

Most of the offences occurred when the girls travelled from their interstate home to Canberra. Their brother was living in the capital, and the girls would regularly come to visit him, staying with Gillard at his unit on some occasions.

Gillard told the girls ”what happens in Canberra stays in Canberra” when they stayed with him intermittently in the 1990s, but he told the court the comment wasn’t serious and meant they could relax, stay up late and speak freely around him.

 

http://www.canberratimes.com.au/news/local/news/crime-and-law/jail-likely-for-twiceguilty-child-abuser/2377349.aspx

Jail likely for twice-guilty child abuser

BY LOUIS ANDREWS, COURT REPORTER

01 Dec, 2011 04:00 AM

A Canberra man is facing likely jail time after two juries in separate trials found him guilty of sexually abusing a friend’s teenage daughters.

Michael Alan Gillard told the girls ”what happens in Canberra stays in Canberra” when they stayed with him intermittently in the 1990s.

And in two separate trials the ACT Supreme Court heard ”what happened” in Canberra was the sexual abuse of both sisters.

Justice John Burns yesterday lifted a suppression order preventing the disclosure of Gillard’s identity after the jury found the man guilty of abusing the younger girl.

Gillard, taking the witness box in his defence earlier this week, denied ever having any sexual interaction with the then-teen. But the victim told the court she was just 13 when the family friend committed an act of indecency on her and attempted to have sexual intercourse with her.

It can now be revealed he was found guilty in September of several sexual offences relating to the girl’s older sister, who was also in her teens at the time.

He was at the time also convicted of using the older girl to produce child pornography and forcing the older sister to give him oral sex in front of her younger sibling.

Gillard was, however, acquitted on several charges at the earlier trial.

The crimes, with the exception of the child pornography charge, occurred during school holidays when the girls would travel from their interstate home to Canberra.

Their brother was living in the capital, and the girls would regularly come to visit him, staying with Gillard at his unit on some occasions.

During this week’s three-day trial, both sisters and their parents gave evidence about the time periods in which this arrangement apparently operated.

Gillard’s barrister, Ken Archer, in cross-examination and his closing address to the jury, highlighted inconsistencies in the witnesses’ evidence about dates.

But in her evidence, the complainant said she was sure it was the 1995-96 Christmas holidays because she used her impending initiation into high school as a reference point.

”It was the Christmas holidays going to 1996 … because I was just starting Year 7 and I was so worried about starting Year 7, if I was fat, and pretty enough,” the witness said.

She did not come forward until 2008 ”because he was my dad’s … friend and I didn’t want to start any fights and I didn’t think no-one would believe me”, she explained.

Likewise, at the earlier trial, the jury heard the older sister did not come forward until years after the event.

Prosecutor Kylie Weston-Scheuber, questioning Gillard, suggested the girl ”struck you as the kind of person who was unlikely to complain if she was assaulted by you in the way she says she was”.

He rejected the suggestion.

The man also said the ”what happens in Canberra” comment wasn’t serious and meant they could relax, stay up late and speak freely around him.

In their closing submissions both Ms Weston-Scheuber and Mr Archer said the case essentially came down to Gillard’s word against the complainant.

The defence barrister said for the jury to find Gillard guilty they would have to reject his version of events, and argued there was no evidence for them to do so.

But the jury took a little more than two hours to return guilty verdicts on both charges.

Gillard, who shook his head slightly as the findings were handed down, remains on bail but faces a sentencing proceeding in relation to the older girl tomorrow.

 

http://www.canberratimes.com.au/news/local/news/crime-and-law/uncle-faces-19-sex-charges/2289775.aspx

‘Uncle’ faces 19 sex charges

BY LOUIS ANDREWS, COURT REPORTER

13 Sep, 2011 04:00 AM

A man has gone on trial accused of repeatedly having sex with a friend’s adolescent daughter, who says she was raised to regard the man as ”an uncle”.

Michael Alan Gillard is standing trial in the ACT Supreme Court charged with a number of offences dating back to the early 1990s.

The 57-year-old pleaded not guilty to a 19-count indictment spanning a range of sexual offences, including having sexual intercourse with a child and committing an act of indecency, over a number of years.

The incidents allegedly occurred in Christmas holiday periods between about 1993 and 2000 when the complainant and her sisters stayed with Gillard in Canberra.

The prosecution has alleged on one occasion, after the complainant had turned 17 years old, Gillard forced her to perform oral sex on him while her younger sister watched. He has also been charged with committing an act of indecency on the younger girl in relation to that incident.

Some of the incidents are alleged to have occurred when the primary complainant was legally under age – incidents Gillard’s lawyer denies took place – while the prosecution says others were committed without her consent after she turned 16.

The court heard the accusations were first made to police in 2007.

The alleged complainant, who is now 30 years old, began giving evidence before Chief Justice Terence Higgins yesterday afternoon.

She described spending time at Gillard’s Canberra home over a number of holiday periods.

The woman said Gillard had one rule – the sisters had to leave the door unlocked whenever they took a bath or a shower in case of an emergency.

She gave evidence that when she was about 12 years old Gillard rubbed her chest and outside of her pyjamas in her genital area one night as they watched television.

”[I] freaked out, I grabbed his hand and told him don’t do it because I didn’t want him touching me,” she said.

Gillard has also been charged with possessing child pornography, relating to three photos allegedly of the complainant, found when police searched his home in 2009.

In an opening statement Gillard’s barrister Ken Archer said the case would come down to his client’s word against that of the complainant.

Mr Archer said his client had a sexual encounter with the young woman at some point after she turned 16, and took some photos of her after she reached the age of consent.

But Mr Archer said that was the extent of their sexual relationship.

The lawyer also said the defence would challenge the chronology of some of the incidents.

The complainant is expected to continue giving evidence tomorrow when the trial resumes in the Supreme Court.

 

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