NRL star of the dragons, Jack de Belin, and Shellharbour Sharks player Callan Sinclair went too far to create a version of events that they asked permission for Every Moment in a Wollongong -Bedroom heard about it.
Prosecutor David Scully said Mr de Belin, who is accused of raping a 19-year-old woman alongside the younger footballer, helped tell an « inherently implausible » story about the encounter when he suggested position to discuss any new discussion.
Jack de Belin arrives Tuesday after a three-week trial at the NSW District Court in Wollongong. Photo credit: Kate Geraghty
« Your version of events just went too far, » Mr Scully told the jury during his closing address on Tuesday, in fact saying that Mr de Belin was the instigator of the alleged sexual assault early on the 9th of November. December 2018.
Mr Scully said evidence that Mr de Belin went naked into the bathroom of the apartment to shower while the woman was in the toilet « was indicative of his demeanor that night. «
« He just expected that he could do what he wanted, he expected that walking around naked would inevitably lead to sex . . . and then he took that sex by force, « he said.
Callan Sinclair is also on trial after he and Mr. de Belin pleaded not guilty to a number of sexual assault charges. Photo credit: Kate Geraghty
Mr. Sinclair’s attorney, Craig Smith SC, said both men did not « treat the woman, who cannot be identified for legal reasons, » as carefully as they should have « . .
Mr. de Belin, 29, and Mr. Sinclair, 23, both pleaded not guilty to serious sexual assault and claimed that they had consensual sex with the woman after a night of partying in Wollongong.
Mr Scully argued that Mr Sinclair also made an unspoken arrangement with Mr de Belin to participate in the alleged rape by being with the elderly soccer player while the incident was taking place.
« Mr Sinclair had a choice the moment Mr de Belin did everything he did to the complainant and, in the Crown’s opinion, Mr Sinclair made the wrong choice when he went along, » he said.
In their evidence before the NSW District Court jury, both Mr. de Belin and Mr. Sinclair described that the woman audibly enjoyed the encounter and said “yes”. .
« Both separate versions . . . consistently contain references to the complainant’s groans, « Scully said.
But he asked the jury to compare this to the language the men used on taped phone calls during the three week process: « language like » she never said no « [and] » there was no verbal or physical resistance « .
But Mr Smith said the jury may think that there was « total disbelief » about the sexual assault proposal during the wiretapped telephone conversation between the two men.
« As far as you take the phone tapping as objective evidence, it is consistent with consensual sexual activity, » said Mr Smith during his closing address on Tuesday.
He said the tone and content of his client’s calls to his family members, including his mother and father, supported Mr. Sinclair’s version of events.
« You heard the emotions in the calls, you can almost grasp them . . . What he said to others speaks for truthfulness, « he said.
Mr Smith said the woman had proven that she and Mr Sinclair shared three to five short kisses at Mr Crown’s nightclub before the incident occurred at the apartment.
He said the objective evidence was that there was ongoing activity « between young people in a club who were sexually attracted to one another. «
« Everyone has the right to have a dance, everyone has the right to have a good dance, young women and young men, and everyone has the right to interest one another. «
Mr. de Belin’s attorney, David Campbell SC, described his client and Mr. Sinclair as « decent, honest men » who consistently told the truth while undergoing scrutiny.
Mr. Campbell said Mr. de Belin’s sister’s evidence of her brother’s good character was so moving that « that tough man from the football field was moved to tears. «
He said his client has never been involved in any violent act on or off the field: « You might think that rape, rather than a crime of sex, is a crime of violence. «
Mr. Campbell said Mr. de Belin did not retire from the club following the charges that got him out of the way.
« Finally, as another act of loyalty, pending your decision in this case, he agreed to sign another contract with the Dragons for another two years, » he said.
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