Robert Henry McMahon rape trial jury discharged
The jury in a rape trial of a Bundaberg traffic controller was discharged on Wednesday after the Crown prosecution decided to not proceed.
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The jury in a rape trial of a Bundaberg traffic controller was discharged on Wednesday.
Jurors in the trial of Robert Henry McMahon were discharged by Judge Tony Moynihan KC following a closed court hearing in the Bundaberg District Court.
A spokesman for Maloy Law, Mr McMahon’s legal representatives, said on Thursday the Crown prosecution had determined they would no longer proceed with the matter.
Further details could not be provided by the Bundaberg court registry or Maloy Law due to the proceedings having taken place in a closed court.
Mr McMahon had pleaded not guilty to two counts of rape.
Crown prosecutor Ben Jackson told the jury on Wednesday morning the Crown case would allege Mr McMahon asked the complainant to come back to his Meadowvale home to meet his mother, saying he wanted her to be his girlfriend.
After telling Mr McMahon she already had a partner, the complainant agreed to go to Mr McMahon’s home and followed him in her car, the court heard.
It heard that once at Mr McMahon’s home he told her to turn her phone off because he didn’t want anyone to contact her, which the woman declined to do.
Mr McMahon took the woman’s phone from her and placed it on a table in the porch area at the back of the house, the court heard.
It heard Mr McMahon and the woman then walked into the lounge room where he asked her to take off her clothes.
The jury heard the complainant was surprised by this request and told Mr McMahon she didn’t want to take off her clothes. In response, he told her that if she didn’t comply with his request “he would let his anger out on her … he would show her his angry side,” Mr Jackson said.
The jury heard this made the woman feel scared and intimidated, and she told Mr McMahon “if you’ll be angry at me for not taking my clothes off, I will be happy to do that for you”.
Mr McMahon then began removing the woman’s clothes, and kissed her, telling her, “I love you, do you want to kiss me?”
The jury was told Mr McMahon then led the woman into his bedroom and performed multiple sex acts on her without her consent.
Afterwards, upon regaining her phone the woman saw that her partner had tried to contact her multiple times.
The court heard the woman’s partner had become concerned when she did not respond and contacted police to declare her missing.
It heard Mr McMahon then told the woman to follow him back into Bundaberg as he needed to pick up his mother, which she did and then drove on to her own home.
The complainant reported the incident to police one month later.