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Posted: 2024-05-23 07:36:43

A Queensland farmer who had an "open door policy" for his workers while they showered has been found guilty of orally raping a British backpacker at his South Burnett property.

Wayne Robert Green, 54, had pleaded not guilty in the District Court in Kingaroy to one count each of rape, procuring a sexual act by intimidation, and sexual assault.

Warning: This story contains details that some readers may find distressing

The farmer grabbed his hair and let out a small gasp when the verdict was read out by the jury's spokesman on Thursday.

During the three-day trial, crown prosecutor Christa Nicola told the court that Green had assaulted and raped the woman at his Mondure farm, near Murgon.

In his summing up of the case, Judge Glen Cash said the woman came to Australia in the mid 2010s.

"She wanted to stay for a second year and understood that she needed 88 days of farm work in order to get that second-year visa," Mr Cash said in his summing up.

"She found an ad hosted by the defendant and got in touch with him."

The court heard the woman made her way to Murgon in 2017, where Green was said to have picked her up.

A woman wearing black walks back into court.

Crown prosecutor Christa Nicola told the jury at the District Court in Kingaroy the British backpacker's claims should be believed.(ABC Southern Qld: Tobi Loftus)

Open-door policy

Judge Cash said the woman had told the court they had then gone to the pub before going back to the farm.

"On this occasion, she said that the defendant told her that she wasn't allowed to shut her door at night, that the house had an open-door policy, and that she couldn't shut the bathroom door when showering," he said.

"[She said] she did shower that night with the door closed, after which he said to her that was not cool."

The next day he told the woman she was not doing a good job and he "wasn't sure if he'd be able to let her keep her job".

"She also described what she said was a constant sexual backdrop with the defendant speaking about engaging in sex acts with others who had been at the farm, backpackers with whom he'd had sex," Mr Cash said.

"And making a statement: 'If people are fun they get to stay'."

A man walks down some steps

Wayne Robert Green had pleaded not guilty to rape, along with other charges.(ABC Southern Qld: Tobi Loftus)

Mr Cash said the woman had told the court about how Green said he had a cleaner who he paid $50 to perform sex acts on him.

"[He said] if [she] did that, then he would allow her to stay and would sign off on her visa," he said.

He said the woman told the court of an incident where Green told her to "take her clothes off" and she did.

"They were naked at the kitchen table when this discussion occurred about her performing sex acts in order for him to pay her and sign off on her visa," Mr Cash said.

"She said they went into the living room where she performed oral sex on him.

"She said he had asked her for a hand job, but she performed oral sex instead, explaining her reasons for doing so. Those reasons seemingly being that she didn't want to look at him."

He said she told the court he had been "aggressive" during the interaction.

"She said there was another day on the farm a few days later, she was in the kitchen … he was upstairs when he called her up," Mr Cash said.

"She found him lying on the bed naked. And the same thing happened to her giving him oral sex.

"[She said] he was belittling and aggressive and she was scared and didn't feel she had a choice and was doing what she had to in order to keep safe."

It took a jury of five women and seven men just over two and a half hours to find Green guilty of rape and procuring a sexual act by intimidation.

Green was found not guilty of sexually assaulting the same woman in a farm truck.

Lasting impact

Crown prosecutor Christa Nicola tendered a victim impact statement to the court after the verdict was handed down.

"She feels scared of men now, something she's very sad about," she said.

"She says she'll never return to Australia due to what has occurred to her.

"The complainant was a vulnerable young woman. She was in her early 20s.

"She had little to no money on her."

The court heard Green was adopted and was between the ages of 46 and 47 at the time of the offending.

Defence barrister Scott Lynch told the court Green had three children and resided at a grazing property about 100km west of Longreach.

"He's a hard worker," he said.

The court heard he acquired the Mondure property in 2010 and sold it in 2019.

Several members of the jury gathered in the public gallery to watch Green's sentencing.

Jail sentence

Mr Cash sentenced Green to three and a half years in prison.

He was handed a three-year sentence for the procuring charge, and a three-and-a-half year sentence for the rape charge, to be served concurrently.

"You took advantage of a young woman who was in a vulnerable position for your own sexual gratification," he said.

"The effect it has had on your victim is substantial.

"She suffers from anxiety. It has caused her relationship problems and a fear of men. She laments the loss of her former self."

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