By Sarah McPhee
Three men found guilty by a jury of the gang rape of three women during a buck’s party weekend in Newcastle have been taken into custody and now face years behind bars.
Then groom-to-be Maurice Hawell, 30, his brother Marius Hawell, 22, and friend Andrew David, 30, faced trial in Sydney’s Downing Centre District Court accused of attacking the three women at an Airbnb over two nights in February 2022.
Maurice Hawell faced trial accused of the gang rape of three women during his buck’s party weekend.Credit: Rhett Wyman
Two 18-year-old women alleged they were set upon after consensual sexual activity in the apartment on the Friday night, while a 19-year-old woman was allegedly lured inside on the Saturday night.
The Crown case was that each accused had a particular state of mind that weekend to “seek out experiences or opportunities to engage in group sex with females with or without their consent”.
Crown prosecutor Craig Evans alleged the men acted in a joint criminal enterprise, making them liable as a participant for any act by the others, and knew the women were not consenting or were reckless as to their consent.
Maurice Hawell and David argued any sexual activity that occurred was entirely consensual, while Marius Hawell denied being in either room on either night. All three men pleaded not guilty to multiple charges.
Andrew David leaves court during his trial. Credit: Dean Sewell
After deliberating for 8½ hours, the jury of eight men and four women on Monday reached unanimous verdicts on nine of the 11 counts, finding all three men guilty of multiple counts of aggravated sexual assault in company relating to all three women, and of aggravated sexual touching and attempted aggravated sexual assault of one woman.
The prosecutor made three detention applications, unopposed by the defence, and the three men were remanded in custody.
As deliberations continued on Tuesday, Maurice Hawell was found guilty of the attempted sexual touching of one woman, but the jury could not agree on the final count for all three men of aggravated sexual assault. Judge Gina O’Rourke discharged the jury, thanked them for their diligence, and formally convicted the three men.
The gang rape offences carry a maximum penalty of 20 years behind bars. The three men will face sentence hearings on September 17 and 18.
The first night
The court heard the first and second complainants met the buck’s party group at The Cambridge Hotel and went back to the Airbnb where there was consensual sexual activity, involving men including Maurice Hawell and David, before the women were allegedly grabbed in the dark as they collected their phones while intending to leave.
The first woman said her clothing was pushed up, and her arms held down, while the second woman described a “swarm of people” around her. Both women alleged they were then raped.
The Crown pointed to CCTV of Marius Hawell running back to the apartment four minutes after the two women had arrived.
The defence argued text messages between the two women in March 2022, after they had been approached by police and in which the second woman said, “I thought it was funny and all that until now, realising how dangerous and serious it is” indicated “nothing criminal occurred”.
Marius Hawell was accused of acting in a joint criminal enterprise with two men including his older brother.Credit: Rhett Wyman
The first woman said she had told police in her first statement that she had given full consent as she did not want to go through the court process and wanted to forget about it. Under cross-examination, she agreed she had pretended she was enjoying herself.
The second woman said she had been embarrassed and ashamed.
The second night
Prosecutors alleged the third woman was persuaded into the apartment for pre-drinks by a man named “Jonathan”, which was a fake name Maurice Hawell conceded he had used. The complainant said she was pushed down, saw a second naked man next to the bed, and Maurice Hawell said “Threesome?” to which she replied, “What? No.”
The men allegedly then sexually assaulted the woman, pinning her shoulders down and swapping places.
The Crown alleged Marius Hawell entered the room, stood next to the bed offering “encouragement”, used his phone to illuminate the acts, and locked the door. The jury was played a phone intercept between him and a female relative from May 2022, during which prosecutors alleged he said “locked” or “were locked in”. The defence suggested he had said “walked”.
The court heard the woman spent 14 minutes and 40 seconds inside, put her pants on the wrong way as she left, was sobbing when she told her flatmate she had been sexually assaulted and then called triple zero.
Maurice Hawell asserted the third woman had a motive to lie due to a fear she was filmed when involved in sexual activity with him and David and that it might end up online. However, the woman denied this was her sole motivation to go to police or that she had made up a false account.
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