Trial of former Ports North exec Alan Vico hears sex was consensual

A former Cairns high-flyer’s defence barrister has argued why he would have given his personal details to a motel if he intended to rape a 20-year-old student, Cairns District Court has heard.

A MAN accused of raping a 20-year-old would not have booked a hotel room in his own name unless the sex was going to be consensual, his defence barrister argued in Cairns District Court on Monday.

Former Ports North boss Alan Vico, 56, has pleaded not guilty to rape.

Defence barrister Harvey Walters said the Crown’s case was circumstantial.

He said Mr Vico pulled over where the woman was standing on Sheridan St at 11.14pm and did not drive away immediately.

The pair entered the Earlville motel room just after midnight.

Mr Walters said there was an agreement there would be consensual sex and Mr Vico provided his address, car registration number and credit card details to the motel.

“It’s not Love Story, it’s not a Mills and Boon novel, it’s about two persons acting upon how they were at that particular time – he didn’t ply the woman with alcohol, he wasn’t sitting at a nightclub pouring drinks down her throat,” Mr Walters said.

“Alan Vico didn’t have a clue how much she actually consumed, he said she was affected by alcohol, she was a happy drunk – this woman’s alcohol level was dropping.

“He could not have possibly known that she would have no recollection whatsoever of what happened that night, he could not possibly have known she was experiencing alcoholic blackout.”

Former Ports North executive Alan Vico has pleaded not guilty to rape.

Mr Walters said if Mr Vico intended to rape the woman, he could have taken her to a dark, secluded spot, a remote beach or a cane field.

“This is a young woman who doesn’t have a single scratch or mark or bruise,” Mr Walters added.

“Why would you waste your money (on a motel) if you weren’t intending to have consensual sex with somebody?

“The Crown simply has no evidence.”

The court has previously heard audio of police interviewing Mr Vico at 6pm on September 21, 2018, the day after the alleged rape.

Mr Vico told police he took the woman to the motel room, she vomited on the bed, he cleaned up, stayed to make sure she was okay, and left.

The jury has heard the woman began drinking early in the evening and her last memory was being at the Woolshed before she woke naked in the motel room, with a condom wrapper and a $20 note by the bed.

Crown prosecutor Claudia Georgouras said the woman was not capable of giving her free and voluntary consent and Mr Vico knew that.

“She couldn’t have an intelligible conversation, she had no idea what was going on around her,” she said.

“She didn’t have the cognitive capacity to give consent.”

Ms Georgouras said there was overwhelming evidence of that.

“He knew exactly how drunk she was,” she said.

It was clear to four people including two security guards and a taxi driver that the woman was extremely intoxicated, Ms Georgouras said.

She went over evidence where witnesses described the woman as behaving erratically, unable to walk in a straight line, unable to understand what people were saying and having slurred speech.

“It was abundantly clear to them she needed looking after.”

“The only one who says she wasn’t in need of assistance is Mr Vico.”

The court has heard her estimated blood alcohol content leaving the Woolshed was .229 and .3 was when a person would be in a coma or in danger of death.

“She can’t figure out which is her key card to pay the taxi, and she can’t figure out what town she is in,” Ms Georgouras said.

“She thought she was in a different city.

Ms Georgouras will finish her closing address to the jury on Tuesday.

Originally published as Trial of former Ports North exec Alan Vico hears sex was consensual