Lynette Daley death: ‘Boys will be boys’ rape accused Adrian Attwater told police, court hears
ONE of the two men accused of violently raping Lynette Daley to death on an isolated beach told a detective, “these things just happen. Boys will be boys and girls will be girls”, a court has heard.
NSW
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A MAN accused of violently raping a woman to death on an isolated beach told a detective, “these things just happen, man, that’s it. Boys will be boys and girls will be girls”, a court has heard.
Adrian Attwater, 42, has pleaded not guilty to the rape and manslaughter of mother-of-seven Lynette Daley, 33, who bled to death following Australia Day celebrations on Ten Mile Beach in northern NSW on January 27, 2011.
His co-accused Paul Maris, 47, has pleaded not guilty to aggravated sexual assault in company and hindering the discovery of evidence by burning a bloodied foam mattress.
Crown prosecutor Philip Strickland said Ms Daley was in a relationship with Attwater when she agreed to go camping with him and his friend Maris on Australia Day
Mr Stickland told the jury that the trio drank, “a lot of alcohol” that day and at around dusk the two men allegedly raped Ms Daley in the back of a white troop carrier while she was probably in a drunken stupor.
He said the Crown case was that Attwater raped her so violently with either his hand or fist an autopsy concluded the internal lacerations caused her death.
He told the jury that when Attwater was later interviewed by Detective Sergeant Grahame Burke he said he believed Ms Daley was consenting to the aggressive sex.
“She was quite all right with what we were doing she didn’t say, ‘stop I don’t want this’ or anything like that. She was all right with it.”
Mr Strickland said the Crown case was Ms Daley was too intoxicated to consent to the aggressive sex with a post mortem revealing she had a blood-alcohol content as high as 0.352 — which is six times over the legal limit to drive.
He said forensic pharmacologist Judith Perl would give evidence that even a person with an extremely high tolerance to alcohol would, at that level, have impaired co-ordination and mental facilities.
“It is likely that Ms Daley would have been in a stuporous state or unconscious,” he said.
Mr Strickland told the jury they would hear from witnesses who would describe Ms Daley’s extremely drunken state earlier that day including a man who saw the three outside the Foodworks supermarket at Iluka.
He said the man would give evidence that Ms Daley was sitting with her head slumped down between Maris and Attwater on the front bench of the troop carrier.
Mr Strickland said Maris said to the man, “hey mate can you do us a favour? ... Can you drop this thing somewhere down the road for us” and indicated to Ms Daley.
Defence barrister for Attwater, Nathan Steel is expected to address the jury on Tuesday.