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Kurtley Beale’s barrister has informed a jury that the lady accusing him of sexual assault is a “manipulative” one who “curated circumstances” to show herself right into a sufferer.
WARNING: Some readers may discover the main points on this story distressing.
The previous rugby union participant has pleaded not responsible within the New South Wales District Courtroom to at least one depend of sexual activity with out consent and two counts of sexual touching.
The 35-year-old former Wallaby is accused of various undesirable sexual acts on the Seaside Street Resort in Bondi in December 2022.
The complainant, who can’t be recognized, testified that Mr Beale groped her buttocks, compelled her to carry out oral intercourse in a bathroom cubicle and grabbed her by the hips and spun her round.
Defence barrister Margaret Cunneen SC in her closing deal with on Thursday, mentioned there had been an ongoing disagreement between the complainant and her fiancé, which had not been resolved earlier than the night time of the alleged assault.
Ms Cunneen mentioned their relationship had “hit an all-time low” and that she had made the “false” allegation in opposition to her consumer in an try and get it “again on observe”.
“I do not shrink from suggesting that the complainant is a manipulative girl who curated the circumstance of the night time to show the tables” she mentioned.
“To show herself right into a sufferer and change into somebody who everybody needed to really feel sorry for and assist.
“A false allegation made to attempt to change the dynamic in a single’s personal tough time of life — that’s what has occurred on this case.”
The ladies beforehand informed the trial, that after allegedly being groped by Mr Beale, she was on her strategy to the boys’s rest room to keep away from a queue within the ladies’s bathrooms.
In keeping with the lady, Mr Beale referred to as her over, grabbing her across the shoulders and saying to her: “I actually need to f*** you,” earlier than he allegedly adopted her into the bathrooms.
However Ms Cunneen mentioned “thank goodness for the CCTV”, which she mentioned confirmed the complainant was as a substitute the one which adopted Mr Beale into the bathrooms.
“If it was the outdated days or the CCTV hadn’t been working… we’d most likely have set in stone the false account that he adopted her into the bathrooms,” she mentioned.
“She was in full management of the state of affairs.”
Beale had ‘responsible conscience’
Earlier on Thursday, Crown Prosecutor Jeff Tunks pointed to a recorded telephone name between Mr Beale and the complainant, not less than a month after the night time of the alleged incident.
He mentioned it proved the previous Wallaby had a “responsible conscience”.
The trial heard that when the lady confronted Mr Beale with the allegations over the telephone, he apologised repeatedly and claimed that he “misjudged the state of affairs”.
Mr Tunks argued that Mr Beale responded “with out looking for clarification” and made “direct admissions to particular acts”.
“His tone shouldn’t be aggressive… you may suppose he sounds contrite,” Mr Tunks mentioned.
“You may suppose, that typically he displays and appears to pay attention to the gravity of the state of affairs when she calls,” Mr Tunks mentioned.
Mr Tunks mentioned Mr Beale’s declare that he “critically misjudged the state of affairs” after the lady had allegedly mentioned no a number of occasions, may show that he acted recklessly.
“He failed to contemplate whether or not she was consenting in any respect and went forward anyway,” he mentioned.
Ms Cunneen argued that her consumer’s response was not an admission to sexual assault, telling the jury “when you’re in search of a responsible aware after all you will discover it”.
“A responsible conscience about one thing completed that is not ultimate in marriage is nothing to do with a responsible thoughts for a critical legal offence.”
The trial earlier than Decide Graham Turnbull continues.
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