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Tristan Andy Cortes’ rape matter ends in mistrial

The case of a young Dalby man accused of raping a teenage girl in 2022 has ended in a mistrial during the first day of witness testimony.

The case of Tristan Andy Cortes has ended abruptly in a mistrial before the first day concluded.
The case of Tristan Andy Cortes has ended abruptly in a mistrial before the first day concluded.

The case of a young Dalby man accused of raping a teenage girl has ended abruptly in a mistrial before the first day concluded.

The trial was expected to run over two or three days, however Judge Carl Heaton declared a mistrial during the first day of evidence and witness testimony.

The reason for the mistrial had not been disclosed at the time of publication.

Tristan Andy Cortes’ trial for two charges of rape began in Kingaroy District Court on Monday, May 19.

Mr Cortes, 22, pleaded not guilty to both counts.

During opening statements, Mr Cortes’ barrister, Mr Beard, told the court there was no disputing that sexual contact occurred between the alleged victim and his client.

However, he told the court his client honestly and reasonably believed the complainant had consented.

The case of a young Dalby man accused of raping a teenage girl would centre around consent and “no meaning no”, a court heard.
The case of a young Dalby man accused of raping a teenage girl would centre around consent and “no meaning no”, a court heard.

The court heard Mr Cortes and the complainant, who was 15 at the time of the offence, were alone at the same house when he began to pursue her and “was insistent they have sex”.

Crown prosecutor Toby Corsbie told the court he pushed the complainant down on a couch.

While she did not immediately verbalise that she did not consent, she covered her face with her hands and froze as he digitally penetrated her.

The court heard she then she told him “explicitly” that “she doesn’t want this”, after which he penetrated her with his penis.

The court heard she told police he threatened her to keep it quiet.

Mr Corsbie told the court there was no physical, DNA or forensic evidence in the matter, and that the trial would be about “no meaning no”.

He went on to say the only evidence that would be presented by the crown would be witness testimony.

“The most key aspect of this trial will be (the complainant’s) evidence,” he said.

Tristan Andy Cortes’ trial for two counts of rape began in Kingaroy District Court on Monday, May 19.
Tristan Andy Cortes’ trial for two counts of rape began in Kingaroy District Court on Monday, May 19.

He told the court while the complainant did not report the matter to police until the following year, she told a friend about it that same day and her story had stayed consistent over time.

Only three witnesses would be called to give evidence, which included the alleged victim who would be giving evidence via video link.

At the conclusion of the opening statements, the court was closed to the public while the complainant’s testimony was heard.

The matter will be relisted in Kingaroy District Court at a future date.

Original URL: https://www.couriermail.com.au/news/queensland/south-burnett/police-courts/tristan-andy-cortes-on-trial-for-rape-in-kingaroy-district-court/news-story/bae5713903e409b8b97a2615b0df3092