A high-profile lawyer representing Wallabies star Kurtley Beale has slammed his accuser as being “manipulative” and having made up allegations of sexual assault.
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 a lady’s backside on the Seashore Street bar in Bondi on December 17, 2022, earlier than forcing her into oral intercourse within the stall of the boys’s lavatory.
In her closing handle on Thursday, Mr Beale’s lawyer, Margaret Cunnen SC, advised the jury sexual assault was “distasteful and repugnant”, however her consumer was not responsible.
“What can be horrible is a false allegation of sexual assault, a false allegation made to try to change the dynamic in a single’s personal troublesome time in life,” Ms Cunneen stated.
“I don’t shrink from suggesting (the complainant) is a manipulative lady who curated circumstances of the night time to show the tables, to show herself right into a sufferer.
“Somebody who everybody needed to really feel sorry for and assist, as a result of that’s what folks should really feel whether it is their sister, daughter-in-law, who has been sexually assaulted.”
Ms Cunneen advised the jury the girl’s fiance had admitted in his proof that the couple had been on the “lowest level of their relationship” following an argument.
She additionally hit again at claims by the Crown that Mr Beale could have demonstrated a responsible conscience throughout a secretly recorded telephone name a few month later.
The girl first put the allegations to Mr Beale within the name, with the rugby star initially stating the pair had attached, earlier than admitting he “misjudged the state of affairs”.
“In fact there’s a responsible conscience, his spouse is aware of what’s occurring within the phone name. If you’re in search of a responsible conscience, after all you’ll discover it,” she stated.
“However, if a responsible conscience is about one thing completed in marriage, that’s not splendid and is nothing to do with a responsible thoughts a few severe felony offence”.
She added later that: “Its not anyplace in that decision does he (Mr Beale) concede or agree that on the night time he thought she wasn’t consenting.”
Ms Cunneen stated with out CCTV “we’d most likely have set a false account that she adopted (Mr Beale) into the bogs.. who follows who issues”.
The jury heard the girl advised her accomplice’s household that it had been the feminine bogs, not the boys’s, and to others that it was Beale that adopted her in.
In his submission, Crown prosecutor Jeff Tunks advised the jury that what “the accused says is one thing typically dialog may quantity to a responsible conscience”.
“You may assume he (Mr Beale) sounds anxious, he sounds contrite, he sounds conciliatory and speaks to her in a relaxed strategy to hear her out,” Mr Tunks stated.
“You may assume usually he displays and seems to concentrate on the gravity of the state of affairs. And, you may assume at no stage does he appear to apportion any blame to her.”
Mr Tunks urged the jury throughout his two-day handle to think about the proof “holistically” regardless of contradictions within the lady’s proof given in court docket.
“She tells folks over the following few days about what she says occurs. And, once more, it’s clear she’s given completely different accounts about completely different facets to completely different folks,” he stated.
“The impact of what she says occurred to her on the night time, if you happen to settle for that’s what did occur to her, could impact her that night time, the following day – the best way that she acted.”
In his handle, Mr Tunks reminded the jury of proof from the 29-year-old’s fiance, who advised the court docket he woke the morning after to her “bawling her eyes out”.
Her father, in the meantime, stated his daughter “appeared distressed … in ache”, whereas her sister-in-law, in whom she confided concerning the allegations, stated she was “frazzled”.
Mr Tunks took the jury by way of all three felony costs on Thursday, together with allegations Mr Beale spun the girl round within the stall and bent her over.
In her proof, the girl advised the jury that Mr Beale used his thumbs to bend her over and stated “Do you need to f**okay?” earlier than she righted herself and left.
“There may be nothing inadvertent or unintended that he grabs her this fashion and spins her round and bends her ahead whereas his penis continues to be out of his pants,” Mr Tunks stated.
On Wednesday, Mr Tunks urged the jury to think about the girl’s model of occasions without having to simply accept all her proof in court docket, stating she struck a “defiant” tone.
“If nothing else, you may assume she was considerably staunchly constant in her assertions to you that she didn’t consent to any sexual exercise with the accused,” he stated.
Later, he added: “You may assume she offered in cross-examination as a considerably watchful and defiant witness. Maybe, you may assume, to the purpose of her being combative.”
The jury has been offered a variety of proof throughout the two-week trial, together with proof from the girl’s family and friends in addition to CCTV footage.
For her half, Mr Beale’s lawyer, Margaret Cunneen SC, has argued that the girl consented to and was “in management” of the encounter, which she used to get sympathy.
In cross-examination, Ms Cunneen grilled the girl, her fiance, and her household over an argument between the pair all through the week of the alleged assault.
The trial continues on Thursday.