Ex Dubbo mayor Benjamine Shields: Trial hears opening statements in historical sex case

A former Dubbo mayor who denies sexually assaulting an 18-year-old more than 20 years ago has faced court to defend his name. Here’s the latest.

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

The three-week trial for a former Dubbo mayor accused of historical rape has started.

Benjamine William Shields is facing trial at 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.

During the opening statements of the trial on Monday afternoon, Crown prosecutor Andrew Isaacs told the jury Shields, the complainant – who was 18 at the time – and a friend celebrated New Year’s Eve in 2002 together in Dubbo.

The Crown claimed the men consensually initiated a threesome at the accused’s home before the complainant withdrew his consent.

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

“While I anticipate the evidence will be that the sexual intercourse between [the complainant] and the accused started consensually, it is the Crown’s case that [the complainant] began to experience pain and felt uncomfortable,” Mr Isaacs said.

Mr Isaacs told the jury the complainant told Shields “he wanted to stop and that he didn’t want to continue”.

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

The complainant first told a friend about the alleged incident in 2006, 15 years before he told the police.

Shields’ defence barrister Margaret Cunneen said her client was unaware the complainant withdrew consent.
“The defence case is that the complainant agreed to anal penetration and never said stop,” Ms Cunneen said.

“It’s the defence case that at no time does Mr Shields ever agree he knew or believed that the complainant was not consenting or that he wasn’t aware of continuing consent the entire time and at all times.”

During the opening addresses, the jury was told a Facebook video was posted in November 2021 by then-mayor Stephen Lawrence which prompted the complainant to come forward with the accusation.

The complainant first spoke to police that month, however police recorded a phone call between the complainant and Shields in June 2022.

During the recorded call, the complainant told Shields he felt uncomfortable and was not able to consent because he was drunk, the jury heard.

The trial continues before Judge Huw Baker.