Brett David Anderson, 34, fighting party rape allegations in Lismore District Court trial

A Northern Rivers builder who denies raping a woman amid an alcohol and cocaine-fuelled party told a jury he was just “being a friend” to a mentally unstable person when he “apologised”.

Brett David Anderson is in Lismore District Court, fighting rape allegations linked to a cocaine and alcohol-fuelled party.

A Northern Rivers builder accused of raping a woman amid an alcohol and cocaine-fuelled party told a jury he was just “being a friend” to a mentally unstable person when he “apologised” over text.

Brett David Anderson is on trial in Lismore District Court, denying waking the woman up by masturbating in her face and continuing to sexually assault her in 2022.

The 34-year-old man has pleaded not guilty to one count of sexual intercourse without consent and two counts of sexually touching another person without consent.

Brett David Anderson is pleading not guilty.

He claimed to jurors earlier in this week’s trial the case was based on “lies fabricated by a woman on meds’ and cocaine”.

The prosecution told the court the woman exchanged messages with Anderson after the night and wrote: “Brett what you did was so f--king wrong, I told you ‘no’ not just once … I’m honestly broken … I can’t live with myself.”

Judge Craig Smith sent the jury out for deliberations just before midday Friday, following closing arguments by the prosecution and defence.

Defence barrister Jacob Tate told the dozen jurors that Anderson received a message from the woman after the party telling him “all he had to do was say sorry”.

Lismore Courthouse. Picture: Cath Piltz/The Northern Star

“Anderson is trying to support his friend and was invited to apologise to her, but never knew he was thought to have sexually assaulted her,” Mr Tate said.

Mr Tate pointed the finger at the woman’s then-husband in the court and said Anderson filmed him wrestling with another intoxicated partygoer on the night.

The lawyer said the husband’s behaviour and intoxication became worse during the party.

Mr Tate told the court the husband had scratches on his hip and back and the alleged victim described leaving similar wounds on the man who touched her.

Cocaine was used at the party, the court heard.

The court heard the alleged victim first told her GP of the alleged rape on the Monday after the party and he signed a letter of complaint. She then told her mother on Tuesday and husband on Thursday.

The victim reported the assault to police several days later and took bed linen in for DNA testing. No DNA profile was linked to Anderson.

Crown prosecutor Sam Rigby said the woman had been “in shock” because the alleged offender was “not a stranger but someone she confided in, along with his partner”.

Goonellabah man Brett David Anderson, 34, is fighting allegations.

She said the victim told Anderson in messages: “You made me scared as hell – you hurt me in so many ways and you just kept going after I told you no.”

The court heard Anderson replied: “I’ll never forgive myself for hurting you, I’m so sorry I never meant to hurt you. I’m so broken that I’ve hurt you. I can’t live with myself knowing I’ve put you through that.”

Mr Rigby told the court Anderson had not been trying to “appease” the woman because details were raised and he was aware she was alleging some form of assault.

The prosecution said Anderson pleaded with the alleged victim not to tell her then-husband.

Anderson does not have a criminal history, but Ms Rigby argued upstanding members of the community could “still make mistakes”

Mr Rigby told the jury the trial was not about the woman’s mental health or medication, and “certainly not” about mistaken identity.

Phone messages have been presented to jurors in the trial. Picture: File/iStock

She said a “scared, confused woman” had “come to terms with the fact” someone known to her assaulted her.

However, Mr Tate argued the complainant was “unreliable” and “untruthful” and he pointed out cocaine use at the party.

He said the woman messaged Anderson: “I can’t handle hangovers … being on the gear makes me more depressed, it gets to my head.”

“She said she doesn’t take drugs, but then she did take them,” Mr Tate said.

The lawyer said the woman would not have been able to properly identify anyone on the night. Mr Tate said the husband was “drunk in the video and his memory and evidence is not very good”.

Partygoers told the court Anderson had been wearing a pair of the complainant’s husband’s boardshorts, which she gave to him.

Anderson has denied offending including touching himself and ejaculating into the woman’s mouth, manhandling her, dry humping and otherwise sexually abusing her.

The trial continues.