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A man who put a baby girl in a cardboard box so he could rape her mother will remain behind bars, after his appeal was knocked back this week.
Kevin Robert Kannewischer (33) was acquitted on three charges at trial but found guilty of the sexual violation which took place between 2005 and 2007.
He was jailed for four years two months when he was sentenced in May.
The defendant took his case to the Court of Appeal arguing the jury’s verdict was "unreasonable" but the judgement, released this week, dismissed his claim.
At trial, the court heard from the victim about the ordeal in which Kannewischer took the naked baby off her immediately after the girl had been bathed.
"He had sex with me and she was in the cardboard box crying, I didn’t have time to dress her. I didn’t want to have sex with him, he had sex with me. He raped me in front of her and he, he didn’t even care, he just didn’t give a s***," she said.
"I told him I didn’t want to, I asked him to stop, he didn’t give a f***, he didn’t care."
Counsel Anne Stevens QC told the Court of Appeal, the victim hated Kannewischer and "had a real axe to grind".
She emphasised the length of time it took the woman to come forward with her complaint and the fact there were instances of consensual sex that took place after the rape.
Mrs Stevens also raised the possibility of collusion between the victim and another woman, who was the subject of other charges.
"[Kannewischer] deserved what is coming to him", the victim messaged, with the reply: "Yes he does and justice finally, can breathe when he gets served".
These created "obvious credibility issues", Mrs Stevens said.
However, the Court of Appeal — comprised of Justices John Wild, Christian Whata and Sarah Katz — disagreed.
The conviction for rape would remain, as would the sentence imposed by Judge Michael Crosbie.
"We do not agree that having regard to the evidence the jury verdict was unreasonable. [The victim] gave clear cogent evidence of the rape ... she was not moved by cross-examination about this rape," Justice Whata said.
"The judge gave thorough directions [to the jury], including about the problems created by the passage of time since the alleged incident. As noted, the judge’s reliability directions cannot be faulted.
"In reality, Mrs Stevens is simply inviting this court to usurp the fact finder. But there is no proper basis for departing from the jury’s verdict."