A jury has been urged to simply accept a girl’s “defiant” and “forthright” proof as Wallabies star Kurtley Beale’s gruelling two-week sexual assault trial nears an finish.
Mr Beale, 35, is dealing with a jury trial at Sydney’s Downing Centre Court 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 Beach Road bar in Bondi on December 17, 2022, earlier than forcing her into oral intercourse within the stall of the boys’s rest room.
In his closing tackle, Crown prosecutor Jeff Tunks urged the jury to contemplate the 29-year-old’s model of occasions without having to simply accept all her proof in courtroom.
“You might believe what a witness has said about one thing but not another or accept they are mistaken about one thing but not another,” Mr Tunks advised the jury.
“You might think in the circumstances of giving evidence, in this setting, that she presented as a person trying to do her best to give an accurate, truthful version of events.
“If nothing else, you might think she was somewhat staunchly consistent in her assertions to you that she did not consent to any sexual activity 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 think what might be put to you about her demeanour by Ms Cunneen, but at the very least she presented with a somewhat defiant tone,” Mr Tunks stated.
“You might think she presented in cross-examination as a somewhat watchful and defiant witness. Perhaps, you might think, to the point of her being combative.”
Mr Tunks advised 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 whether she did or not.
During his closing tackle, which started on Wednesday afternoon, Mr Tunks went by way of features of each the Crown and defence circumstances that arose in courtroom.
The jury was reshown CCTV footage from the night time that the Crown stated confirmed Mr Beale place his hand on the girl’s decrease again after which her buttocks.
“What do we see here? He’d (Mr Beale) only just met her and what does he do? Invites himself to touch her,” Mr Tunks stated after exhibiting the jury the video.
“The Crown case is he … likely was reckless about whether she consented or not and did it anyway. The fact he was intoxicated cannot be taken into account.”
The lady had been pressed below 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 realize “sympathy” from her accomplice.
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 basis for her to go and invite sexual dalliance with another male because ‘I’ll show him (the fiance)’, that is a matter for you,” Mr Tunks advised the jury.
Mr Tunks additionally took the jury by way of the girl’s account of first assembly Mr Beale on the night time once they mentioned the rugby star’s wedding ceremony.
In her proof, the girl claimed Mr Beale had been “desperate” and “forceful” when pleading for intercourse earlier than barging in on her within the rest room stall.
She advised the jury that she repeatedly advised Mr Beale “no” and that he “was married and I’m engaged”. The pair have 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 control” of the alleged encounter as a way to acquire sympathy.
Through the course of the trial, the jury have heard proof from a spread of witnesses in addition to a secretly recorded name through which Mr Beale admitted he “f**king misjudged the situation”.
The trial will proceed on Wednesday, with additional closing submissions from Mr Tunks.
Source web site: www.foxsports.com.au
