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Separate police investigation into Theophanou -

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Separate police investigation into Theophanous rape case revealed

Rachael Brown reported this story on Friday, July 17, 2009 12:41:00

PETER CAVE: A Melbourne court has learnt today of a separate investigation into the handling of the
rape claim levelled at Victoria's former industry minister Theo Theophanous.

The committal hearing is underway for Mr Theophanous who is charged with raping a female friend in
his parliamentary chambers in September 1998.

Today the courts heard that the minister wrote to the then deputy police commissioner Simon
Overland complaining about his charge and treatment and this year a police investigation into that
was launched.

Rachael Brown is at the Melbourne Magistrates court.

Rachael I understand there's been further claims of fabricated evidence in this case?

RACHAEL BROWN: There have Peter. There has already been claims during this committal of fabricated
emails, fabricated witness statements. Today we have heard a story of fake text messages.

Now the court has heard the mobile text messages of greetings, of happy birthday, happy new year,
that the defence is relying on to prove there was no rape - because why would a victim send
greetings to her attacker - we have heard today that they were actually fake. That they originated
from a number in Greece that isn't even in existence. That they never came from the victim's,
alleged victims, phone.

Now the prosecution says it is unfair of Theophanous to rely on these texts to defend himself when
they were fake.

Now the defence lawyer has come back and said well it was actually Theophanous that exposed the
text emails, sorry the text messages as fake. That he had alerted Simon Overland earlier this year.
Too many misgivings he feels he has with the case including these fake text messages, as they were.

Mr Ritner says the fake texts are part of the conspiracy, part of a fraud perpetrated against Theo

PETER CAVE: A conspiracy? What did the Magistrate make of that?

RACHAEL BROWN: Well, the Magistrate seems to have grown a bit weary of the circular arguments
involving the legitimacy of these text messages. He said this case has turned into an OJ Simpson
style case where parties get out on the court steps and announce their thoughts and plans to the

Now speaking of the media, the Fairfax journo who broke the story of the alleged victim's story is
in the stand today.

She told us how she was contacted in 2006. She said she kept the alleged victim's confidence until
this year, sorry late last year, didn't publish it and it wasn't until Theo Theophanous came out in
October 2008 to defend rumours he was under investigation and that he had no case to answer, that
the complainant calls the journalist, said she was ropable and said she wanted to tell her story
and that was published the next day.

PETER CAVE: So Rachael, where to from here?

RACHAEL BROWN: Well, Peter we are now into day 10 of the committal and it was supposed to go for
seven days. The journalist is still in the stand. We will be hearing from closing arguments or into
next week and then of course, there is the Magistrate's decision to be made. He'll have to decide
if there is enough evidence to send it to trial and as a side issue, Mr Theophanous has lodged his
pre-selection nomination with the Labor Party headquarters and it will be up to the national
executive to decide whether Mr Theophanous will remain in Parliament after next year's election.

PETER CAVE: Rachael Brown at the Melbourne Magistrate's Court.