A former fly-in, fly-out worker has been found guilty of raping a colleague at a remote mine site in WA, in a case that came to the public's attention amid wide-ranging allegations of sexual assaults and harassment within the mining industry.
Ryan Zabaznow, 37, had been on trial in the District Court for the past week accused of assaulting the woman in her donga at the Mulla Mulla accommodation village for BHP's South Flank iron ore mine, near Newman in WA's Pilbara region.
The assault happened in November 2020 after the two had been drinking and socialising with friends on a night that marked their transition from a week of day shifts to a week of night shifts.
The court was told a friend had put the woman to bed after she passed out and was "comatose" from drinking.
Woman felt she had 'cement slab' on her
The woman testified her next memory was waking up with Zabaznow on top of her, telling the court she couldn't move because it felt like she had "a cement slab" on her
"I remember a tear falling and then I thought, just don't let him see you're upset, so I just cried as quietly as I could," she said.
Zabaznow denied any wrongdoing, maintaining the sex was consensual.
He testified the woman had done nothing to indicate that she did not want it to happen.
Zabaznow's defence team also highlighted messages the woman sent the next day telling Zabaznow, "it's all good ..."
The jury deliberated for almost four hours before finding him guilty.
Members of the woman's family, who have sat in the public gallery throughout the trial, sobbed after the verdict was delivered.
Zabaznow has been remanded in custody and will be sentenced in August.
Members of Zabaznow's family also broke down in tears as he told them to look after his children.
Case helped trigger inquiry
The case was one that led to a wide-ranging parliamentary inquiry into sexual assault and harassment within WA's fly-in, fly-out mining industry.
It found that female workers had been subjected to what it called "an appalling range of behaviours", including taunts, attacks and targeted violence.
The "Enough is Enough" report, tabled in the WA Parliament last year, also found that sexual harassment was "generally accepted or overlooked" on mine sites, which represented a failure of the industry to protect its workers.
The report made 24 recommendations including overhauling the training of workers in the sector, and the establishment of an expert group within Worksafe to investigate reports of sexual harassment and assault.
BHP 'determined to eliminate' sexual assault from sites
BHP sacked Zabaznow in December 2020 after conducting an internal investigation into the allegations.
In a statement, a BHP spokesperson said it had "clearly been a difficult time" for the victim, her family and all of those involved in the hearing.
"It takes courage and bravery to relive traumatic experiences and we continue to support the impacted person," the spokesperson said.
"We are also ensuring that support is available to any of our people who need it.
"Sexual violence is completely unacceptable and has no place in our communities or in our workplaces.
"At BHP, we are determined to eliminate it from our workplaces and we are committed to creating a culture that is safe, inclusive and respectful at all times."
