PETALING JAYA: A Malaysian pilot sentenced to 13 years in prison for a rape committed in 1996 in Perth, Australia is now appealing his conviction, the WAtoday daily reported.
Alfred Gerard Eravelly, 50, was convicted in April this year over the charge of five counts of aggravated sexual penetration without consent and one count each of burglary, unlawful detention and unlawful wounding.
On June 22, the District Court of Western Australia sentenced Eravelly to 13 years in prison, but he will be available for parole after serving a minimum of 11 years behind bars.
According to WAtoday, Eravelly was making an appeal on the grounds that the 13-year term imposed by the judge was “manifestly excessive”.
“The documents also state the term was excessive in regards to the ‘hardship’ Eravelly will suffer as a result of him completing his prison term in a foreign country,” the report said.
The six-day trial in April had heard how Eravelly, with a stocking over his head, broke into his victim’s home in Scarborough in the early hours of March 9, 1996, tied her up and repeatedly raped her at knifepoint.
Police identified him based on DNA evidence that was only analysed later but eventually led to his arrest.
Eravelly was arrested shortly after he flew back to Australia, landing in Sydney in February last year, 20 years after he left.
It was reported previously that Eravelly told detectives in interviews after his arrest that he had dated the woman and tied her up as part of kinky, consensual sex.
Eravelly, who as an aviation student living in Scarborough at the time, had also revealed that he had a fantasy about breaking into a home and raping a woman, but didn’t enjoy acting out the fantasy.
However, during the trial, Eravelly’s defence lawyer said the father of two had a brief consensual sexual relationship with the woman after meeting her in a bar.
The relationship had then turned sour when he tried to blackmail her for cash, threatening to tell her boyfriend about their trysts.
The court was told how DNA taken from the woman’s bedding and breast were eventually matched to Alfred in 2015 following the advancement in DNA identification technology.
Eravelly, who had pleaded not guilty, said that the two had consensual sex three times the night before the alleged attack and that the victim was making false allegations.
The trial judge had described Eravelly’s story as “fabricated” and said his actions were nothing short of “terrifying and disturbing”.
“You remain in denial and without remorse.
“I’m not sure what it is within you that gave rise to that behaviour, but nevertheless it’s there and it is in my view serious offending,” the judge was quoted as having said.