Eva Scolaro breaks down as Halloween costume 'lacked sensitivity': Chief Justice


A PERTH model wept as a judge questioned her sensitivity for going to a Halloween party in make-up appearing to 'mimic' her glassing attack on a woman months earlier.

Eva Grace Scolaro appeared in the Supreme Court in Perth today seeking to appeal her conviction and sentencing for the glassing attack at Perth's Library nightclub in March last year.

She was sentenced to 18 months in prison after being found guilty of  the attack which left Roxanne Stacey Hemsley, 26, with extensive facial injuries. Ms Hemsley needed more than 60 stitches and cosmetic surgery.

Lawyers representing the former model have argued the glassing was accidental and have appealed the conviction and sentence.

Chief Justice Wayne Martin today questioned why Scolaro would attend a Halloween party months after the attack in make-up that appeared to "mimic'' Ms Hemsley's injuries.



Scolaro wore make-up on her face that made it appear she was injured.
Her  lawyer Sam Vandongen said it was a party where everyone was dressed in a similar manner.

"She (Scolaro) did not intend to mimic the injuries sustained and is extremely remorseful to the injuries suffered by the complainant as a result of what happened," he said.

Chief Justice Martin said: "At the very least, it shows a lack of sensitivity,'' .

He also questioned if it was necessary to order a re-trial based on the surveillance footage that was shown to him in slow motion, which was not possible during the trial.

"We have investigated a raft of issues that weren't investigated at the trial before the magistrate,'' he said.

Chief Justice Martin said he had given ``anxious consideration'' on the matter.

"This case isn't getting any easier,'' he said.

Chief Justice Martin indicated there could have been a miscarriage of justice in the original trial.

He said that after reviewing the security footage, it seemed to him that Ms Hemsley poured her drink on Scolaro before the attack.

If the magistrate got the facts wrong, he would need to resentence Scolaro, the chief justice said.

Chief Justice Martin said he would reserve his decision until next Friday on whether Scolaro should be granted a re-trial.

Scolaro was granted bail pending the appeal but was returned to  Bandyup Women's Prison three weeks ago after allegedly breaching her strict release conditions.

Today's application for bail was refused.

http://www.perthnow.com.au/news/chief-justice-considers-glassing-appeal/story-e6...