Ex Dubbo mayor Benjamine Shields: Trial hears from complainant on alleged historic sexual assault

A jury has heard former Dubbo mayor Benjamine Shields “didn’t take no for an answer” and offered his alleged sexual assault victim a settlement if he didn’t go to police.

Former mayor of Dubbo Ben Shields (R) and a supporter (L) leave Sydney West Trial Courts in Parramatta, where Shields is facing historical rape charges. Picture: Max Mason-Hubers

Former Dubbo mayor Benjamine Shields offered to apologise and compensate his accuser over allegations of a sexual assault in a call recorded by police, a jury has heard.

The 43-year-old is facing trial in Parramatta District Court after pleading not guilty to sexual intercourse without consent.

Police allege Shields sexually assaulted an 18-year-old in Dubbo in 2003 when he was 22 and a Dubbo councillor.

On Wednesday, the jury heard in November 2021, a Facebook video prompted the complainant to reach out to the police who recorded a phone call between himself and Shields.

In the call, Shields told the complainant to “think about what your doing – that’s something that would absolutely wreck me”.

Former mayor of Dubbo Ben Shields leaving Sydney West Trial Courts in Parramatta. Picture: Max Mason-Hubers

“I’m happy to give an apology if that’s what you want but I honestly didn’t think I did anything wrong,” Shields told the complainant in the call.

Shields also told him he would be happy to make a settlement.

Benjamine Shields (middle) had pleaded not guilty to the historic charge. Picture: Max Mason-Hubers

The man accusing him of sexual assault gave evidence on Tuesday and Wednesday, with the jury hearing Shields did not stop when he asked him to.

The court heard the complainant, who was 18 at the time, his former boyfriend and Shields began a consensual threesome before the complainant told Shields he was in pain after a night out in Dubbo during New Year’s in 2003.

Crown prosecutor Andrew Isaacs asked the complainant to provide a detailed description of what happened in Shields’ bedroom and at what point he did not consent.

Crown prosecutor Andrew Isaacs leaves Sydney West Trial Courts in Parramatta. Picture: Max Mason-Hubers

The complainant told the court once he felt pain during intercourse with Shields, he asked him to stop because it “started to hurt”.

The complainant told court Shields stated, “it will get better”.

“He continued to have sex with me and then he ejaculated after it got a bit rougher,” the complainant said.

He said he did not tell anyone about the incident until he consoled to a friend a few years later.

He told the friend “the youngest ever member of Dubbo City Council didn’t take no for an answer”.

Defence barrister Margaret Cunneen cross-examined the complainant asking whether he falsely accused Shields.

“If it was hurting and you didn’t want to continue it, you would remember, wouldn’t you?” Ms Cunneen asked the complainant.

He said he could not remember the exact details because of the trauma involved.

When asked why he did not tell anyone, he told the court “I didn’t think anyone would believe me at the time”.

“I was a teenager in high school, and he was in an elected office,” he said.

The complainant's evidence was part heard and will continue on Thursday before Judge Huw Baker.