A jury has been urged to simply accept a lady’s “defiant” and “forthright” proof as Wallabies star Kurtley Beale’s gruelling two-week sexual assault trial nears an finish.
Mr Beale, 35, is going through a jury trial at Sydney’s Downing Centre Court docket after pleading not responsible to sexual activity with out consent and two counts of sexual touching.
Police allege Mr Beale groped the girl’s backside on the Seaside Street bar in Bondi on December 17, 2022, earlier than forcing her into oral intercourse within the stall of the boys’s toilet.
In his closing handle, Crown prosecutor Jeff Tunks urged the jury to think about the 29-year-old’s model of occasions without having to simply accept all her proof in courtroom.
“You would possibly consider what a witness has stated about one factor however not one other or settle for they’re mistaken about one factor however not one other,” Mr Tunks informed the jury.
“You would possibly assume within the circumstances of giving proof, on this setting, that she introduced as an individual making an attempt to do her finest to provide an correct, truthful model of occasions.
“If nothing else, you would possibly assume she was considerably staunchly constant in her assertions to you that she didn’t consent to any sexual exercise with the accused.”
Mr Tunks described the girl, in her proof and cross-examination, as having by no means made concessions about her alleged lack of consent and being “defiant”.
“I can’t assume what is perhaps put to you about her manner by Ms Cunneen, however on the very least she introduced with a considerably defiant tone,” Mr Tunks stated.
“You would possibly assume she introduced in cross-examination as a considerably watchful and defiant witness. Maybe, you would possibly assume, to the purpose of her being combative.”
Mr Tunks informed the jury the onus can be on the Crown to show Mr Beale knew she didn’t consent to sexual exercise or had been reckless as as to if she did or not.
Throughout his closing handle, which started on Wednesday afternoon, Mr Tunks went by elements of each the Crown and defence circumstances that arose in courtroom.
The girl had been pressed beneath cross-examination as to the state of her relationship along with her fiance, who was current on the night time and gave proof.
Following questions from Mr Beale’s lawyer, Margaret Cunneen SC, the girl refuted claims she’d used the allegations to achieve “sympathy” from her associate.
For his half, the fiance admitted in courtroom to having been curt in texts exchanged between the pair that day, telling Ms Cunneen he “was being an a**ehole”.
“If the premise for her to go and invite sexual dalliance with one other male as a result of ‘I’ll present him (the fiance)’, that may be a matter for you,” Mr Tunks informed the jury.
Mr Tunks additionally took the jury by the girl’s account of first assembly Mr Beale on the night time once they mentioned the rugby star’s marriage ceremony.
In her proof, the girl claimed Mr Beale had been “determined” and “forceful” when pleading for intercourse earlier than barging in on her within the toilet stall.
She informed the jury that she repeatedly informed Mr Beale “no” and that he “was married and I’m engaged”. The pair had been seen on CCTV coming into and leaving the toilet.
For her half, Ms Cunneen has claimed in courtroom the girl consented to and was “in management” of the alleged encounter in an effort to acquire sympathy.
By the course of the trial, the jury have heard proof from a spread of witnesses in addition to a secretly recorded name by which Mr Beale admitted he “f**king misjudged the scenario”.
The trial will proceed on Wednesday, with additional closing submissions from Mr Tunks.