'Iffy' evidence cited in ACT Supreme Court trial of women accused of Hawker reprisal attack

Nyalat Matot, Kock-Kedhia Maker Makoi, Achan Matot, Biech Maker Makoi and Akim Dau are accused of breaking into a friend's unit in Hawker on June 22, 2020, when they allegedly poured petrol in the living room, assaulted her and smashed furniture.

The prosecution claims Kock-Kedhia Maker Makoi's dog had died the night before, with the accused women blaming the alleged victim and jointly planning the so-called reprisal attack.

The five women have pleaded not guilty to one count each of aggravated burglary, assault occasioning actual bodily harm, property damage, and threatening to kill.

Their judge-alone trial in the ACT Supreme Court has been plagued by delays, including childcare issues and a witness leaving during cross-examination, since it began.

In his closing address to the court on Tuesday, prosecutor Trent Hickey argued the petrol, which he claims was poured throughout the alleged victim's living room, "shows a direct attempt to scare".

Mr Hickey asked Justice Belinda Baker to carefully take into account the alleged victim's evidence about the night in question and her description of people involved.

"The only reasonable conclusion is that each of the accused participated in the joint criminal enterprise," he said.

Lawyers representing each of the five accused women also presented their closing arguments on Tuesday.

All of them claimed the evidence of the alleged victim, the prosecution's chief witness, was not credible.

Sarah Baker-Goldsmith, Sam McLaughlin and Dean Ager argued there was not enough evidence to place their clients - Akim Dau, Achan Matot and Nyalat Matot - at the scene of the alleged crimes.

Barrister Stephen Robinson, representing Kock-Kedhia Maker Makoi, told the court the alleged victim was a "practised liar".

He suggested someone else had committed the acts and his client had been "framed" by the alleged victim.

"There really is the spectre of collusion and fabrication," Mr Robinson said.

In his closing submissions, barrister Alyn Doig, acting for Biech Maker Makoi, described evidence a plastic bottle containing petrol was found in the home as "iffy".

"To conclude that there was petrol poured everywhere is an impossibility based on the evidence that we do have," he said.

"I've seen the photographs. I'd be a fool to say nothing happened. Something did happen."

However, he maintained there was not sufficient evidence to find his client guilty.

Last Thursday, Achol Bol, who was the alleged victim's housemate at the time, gave evidence via audio-visual link.

The prosecution alleges Ms Bol was also present on the night in question and was assaulted by one of the accused.

About 15 minutes into cross-examination, Ms Bol disconnected the call after conceding some of her evidence on the stand was different to that given to police in 2020.

Ms Bol did not answer calls and was still not contactable by 10am on Monday.

Mr Robinson asked for a temporary stay of proceedings and argued his client faced unfairness due to not being able cross-examine the witness. Mr Doig adopted this submission.

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In a judgement published on Tuesday, Justice Baker dismissed the application, finding "potential unfairness may be sufficiently ameliorated by other remedies".

In his closing submissions, Mr Doig emphasised the "startling difference" in evidence given by Ms Bol, "before she packed her bags and left us".

Justice Baker will deliver verdicts at a later date.

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