A football player who was just 18 at the time he raped an intoxicated woman on a car bonnet has appealed his conviction, arguing a key witness at trial may have in fact been responsible for the assault. Tyson Alexander Ellul, now 23, was last year sentenced to five years in prison, suspended after two years and three months, after a jury found him guilty of rape following a four-day trial in the Kingaroy District Court. But on Friday, his defence team appeared before the Brisbane Supreme Court, challenging the jury’s verdict and the way the trial was conducted. The appeal was heard by three justices, who have reserved their decision. The appeal focused largely on the identity of the offender, with Ellul’s barrister submitting that the credibility and reliability of a key witness had not been properly scrutinised during the trial. “There was a real possibility it was in fact (the witness) who was responsible for committing the offence,” the court was told. Despite this central argument, Ellul’s legal team also put forward an alternative submission, that if he was in fact the one who committed the act, it may have been consensual, even though the victim had no memory of the event. The victim, who met Ellul while drinking at the Kingaroy Hotel in 2020, was described during the original trial as being too intoxicated to consent. She later woke up in hospital with injuries and no recollection of what had occurred. A major hurdle for the defence was Ellul’s own conduct after the incident, which included multiple lies to police during their investigation, something the original sentencing judge described as “strong” evidence against him. In court on Friday, his barrister acknowledged the damage these lies caused to his case but argued that the jury directions around Ellul’s false statements may have unfairly influenced their deliberations. At trial, the court was told Ellul led the heavily intoxicated woman to a secluded area near a service station, placed her on the bonnet of a car and anally raped her, causing tearing and bleeding. Medical evidence, including a doctor’s report, supported this. During sentencing, Judge Smith described the offence as predatory, stating Ellul preyed on the woman’s vulnerability and only stopped when a passer-by interrupted the assault. “You formed a plan to have sex with her regardless of her consent. You took her to the car in King Street, put her on the bonnet, pulled down her jeans, and anally penetrated her with your penis,” Judge Smith said. DNA evidence also linked Ellul to the crime, with his genetic material found on the victim’s underwear and jeans. A date for the decision has not been set.