Alleged Hindley St gang rape videos raise serious questions of consent, court hears

Footage of the alleged Hindley St gang rape raises serious questions of consent and could acquit the six people arrested, a court has been told.

Video footage of the purported Hindley St gang rape is so “different” from the alleged victims’ account that it provides “a complete defence” for the six men and youths arrested so far, a court has heard.

On Monday, defence counsel asked the Youth Court to immediately release a boy, 17, on ordinary bail – not home detention – while SA Police continue their investigations.

Scott Laidlaw, for the boy, said the nature of the case had changed significantly since his client was arrested two weeks ago.

“What has come about is that there has been independent material obtained and provided to various counsel – a video or sequence of videos that show a very, very different version of events,” he said.

“It’s a version that, in my submission, would provide a complete defence to any charges … the prosecution is aware of these videos.

“From what we are aware of, (the videos) raise very serious questions about the allegations and the version of events that has led to these men and boys being in custody.

Video footage of the purported Hindley St gang rape could acquit the six people arrested, a court has been told. Picture: NCA NewsWire / Brenton Edwards

“If the videos are representative of the entirety (of the incident) … that certainly does provide some serious questions about consent.

”Obviously consent is a tricky and live issue, and something that needs to always be at the forefront of anyone’s mind (but) as we are all aware, defences to do with consent can involve recklessness.

“My client is a hard-working young man, a good student and a good sportsperson who has never been in trouble in his life – this is not a matter where he should remain in custody or be on home detention bail.”

The youth, 17, has yet to plead to two counts of engaging in sexual intercourse without consent.

Police allege he is one of seven men who took part in the gang rape of two women in the stairwell of the Hotel Plaza carpark last weekend.

Another youth, aged 16, a 20-year-old of Adelaide, a 20-year-old of no fixed address, a 23-year-old of Kensington and a 21-year-old of Clearview – have also been charged.

A third youth, 17, is charged with offering one of the alleged victims $4000 to give false evidence.

Police allege he is one of seven men who took part in the gang rape of two women in the stairwell of the Hotel Plaza carpark last weekend. Picture: NCA NewsWire / Brenton Edwards

Last week the 21-year-old, who is further accused of directing the third youth to offer the bribe, was given bail and permitted to attend his sister’s wedding.

On Monday, a police prosecutor opposed the boy’s release on bail but conceded “no one from my office” had watched the video.

Magistrate Oliver Koehn said that was “unsatisfactory” and “not particularly helpful”.

“If this video is so devastating to the prosecution case, someone needs to view it - perhaps someone from the Office of the Director of Public Prosecutions,” he said.

After a brief adjournment, the prosecutor said her supervisor had instructed the video “does not capture the entirety” of the incident.

Mr Laidlaw responded that he had “not for one second suggested” that it did.

Mr Koehn released the boy on $1000 bail, with a 9pm to 7am curfew and a ban on approaching or contacting the alleged victims and his co-accused.

That order was stayed, however, pending an appeal by prosecutors in the Supreme Court.