Tom Silvagni, the son of AFL legend Stephen, will appeal his rape conviction by claiming that the judge in his trial made two crucial errors.
Silvagni was in December found guilty of two charges of rape following a trial in the Victorian County Court, which was presided over by Judge Gregory Lyon.
Silvagni had denied he digitally raped the woman – known under the pseudonym Samantha Taylor – at his Melbourne home in the early hours of January 14, 2024.
The grounds of his appeal were revealed on Thursday.
The first ground reads: ‘The learned trial judge erred in determining that the statements made by [Silvagni] to the complainant during the pretext call … (a) were capable of constituting evidence of incriminating conduct, (b) were reasonably capable of being viewed by the jury as evidence of incriminating conduct and (c) could be relied upon by the prosecution as evidence of incriminating conduct.’
The term ‘pretext call’ refers to a conversation between Silvagni and Taylor that was recorded by police.
The legal team acting for Tom Silvagni (pictured outside court) have revealed the tactics they will use as they try to get his rape convictions quashed
Silvagni (pictured left outside court) was found guilty of two charges of rape in December
Pictured: Tom Silvagni’s parents, footy legend Stephen and former TV star Jo, told the media their son maintained his innocence and would clear his name after his guilty verdict
‘The learned trial judge erred in his directions to the jury concerning (a) the permissible use to which the evidence relied upon as incriminating conduct might be put by the jury and (b) the limited circumstances in which the evidence relied upon as incriminating conduct might be used by the jury,’ reads the second ground for the appeal.
If Silvagni’s appeal is successful, his convictions will be quashed.
He could then be acquitted or a retrial could be ordered.
Ms Taylor, who had a brief relationship with Silvagni’s friend Anthony LoGiudice, had been invited to join them all at the house by Silvagni’s girlfriend Alannah laconis, the court heard.
The four of them chatted for some time before heading separately to bed and Ms Taylor had consensual sex with Mr LoGiudice.
He then had to leave so he organised an Uber and left the property shortly before 2am.
Silvagni then went to Ms Taylor’s room and lied, telling her Mr LoGiudice would be returning upstairs soon because his Uber had been cancelled.
But Silvagni went into the dark bedroom a short time later and pretended to be Mr LoGiudice as he digitally raped the young woman twice, the court was told.
Pictured left to right: Jo, Stephen and Tom Silvagni outside court with a lawyer. Tom was sentenced to six years and two months in jail
Pictured: A message Tom Silvagni’s victim posted on social media after the verdict
The court also heard that in the days that followed, Silvagni fabricated an Uber receipt to make it look like Mr LoGiudice had left his home after 2.30am.
Silvagni admitted forging the receipt, the court was told, but said he did so because he panicked after being falsely accused of rape.
But a County Court jury rejected his story, finding him guilty of two counts of rape on December 5.
He was jailed for six years and two months on December 17, with Judge Lyon describing the offending as egregious and callous.
The 23-year-old will be eligible for parole after three years and three months.
Silvagni’s parents made a statement to the media after he was convicted, stating their son maintained his innocence and would clear his name.
