Workers inside the boys’s toilet of a Sydney bar when Wallabies star Kurtley Beale allegedly sexually assaulted a lady within the cubicle have advised a court docket what they noticed.
Mr Beale, 35, is going through a jury trial at Sydney’s Downing Centre Courtroom after pleading not responsible to sexual activity with out consent and two counts of sexual touching.
Police allege Mr Beale groped the lady’s backside on the Seaside Street bar in Bondi on December 17, 2022, earlier than forcing her into oral intercourse in a stall within the males’s toilet.
Kitchen hand Nirmal Tamang advised the jury that he had seen two pairs of ft when he entered the toilet together with one other workers member shortly after midnight.
“You thought it was a female and male since you may inform one set of sneakers have been like trainers and the opposite have been feminine’s heels,” Crown prosecutor Jeff Tunks mentioned.
He added later: “You say the feminine’s heels have been going through in direction of the door and that the boys’s ft have been going through in direction of the bathroom seat (and) the wall.”
Beneath cross-examination, Mr Tamang mentioned he spent about two minutes within the toilet and he didn’t hear anybody say “no” or “cease”.
He went on so as to add that he additionally didn’t hear Mr Beale say “oh f**okay off then”, because the alleged sufferer claimed, nor did he see any lady exit the toilet whereas he was there.
A second worker who was not working on the time of the alleged incident additionally advised the court docket on Monday that he didn’t see or hear something “memorable” within the toilet.
The 2 males, in addition to a 3rd who didn’t give proof, are seen on CCTV getting into and exiting the toilet on the time of the alleged sexual assault.
The 29-year-old lady claimed in her proof final week that Mr Beale had been “forceful” when he pleaded for intercourse earlier than barging in on her within the toilet stall.
She later reported the matter to NSW Police who organized a secretly recorded cellphone dialog the next month when she put the allegations to Mr Beale.
Senior Constable Christina Tesoriero advised the jury on Tuesday that she had helped arrange the decision, generally known as a pretext name, however was not current when it was made.
She mentioned she additionally didn’t see notes made by the lady earlier than the decision during which the jury have been advised the lady wrote “persuade him he’s responsible and never harmless”.
Throughout her proof, Constable Tesoriero described the move of the investigation following the lady’s first report back to police in December 2022.
She advised the jury that individuals who have been current within the bar on the time of the alleged incident have been contacted to provide statements, a lot of whom declined.
Mr Beale’s lawyer, Margaret Cunneen, beforehand argued that the alleged act was consensual and the lady had made the criticism to achieve “sympathy” from her fiance.
Family and friends of the alleged sufferer gave proof on Monday in regards to the lady’s way of thinking after the evening in addition to an argument together with her fiance.
The trial will proceed on Tuesday when Ms Cunneen is predicted to query Constable Tesoriero in cross-examination.
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