Sutherland Shire realtor’s evidence questioned in sex abuse trial

A former luxury yacht worker on trial for sexually abusing a boy when he was 12, 13 and 17 has been accused of “big-noting” himself and “lying” about his state of mind.

A pixelated image of a former real estate agent from the Sutherland Shire who is on trial for child sex offences in July 2023.

A Crown prosecutor has suggested a luxury yacht worker who denies sexually abusing a boy when he was 12, 13 and 17 has tried to “big-note” himself in his evidence and “lied” in his evidence.

The former yacht worker – who also previously worked as a realtor – is defending nine charges at trial at Sydney District Court pertaining to accusations he sexually abused the same child when he was 12, 13 and 17.

The Crown case is that in 2004 the former yacht worker took the boy – who was then 12 – on a drive in a friend’s car, then masturbated in front of him before forcing the boy to masturbate him.

The Crown further contends that in 2005 the former yacht worker forced oral sex and anal penetration on the boy – who was then 13 – in the fire stairs at the boy’s unit block.

The former yacht worker denies both of these incidents.

In the third incident, the Crown case is that the former yacht worker touched the then-17-year-old boy’s penis under his bedding and performed oral sex on him without his consent after sneaking into his bedroom.

The pair then had sex, for which the former yacht worker is not charged.

The former yacht worker has pleaded not guilty to the two charges in this incident on the basis he says the encounter was consensual and the boy was then past the age of consent.

The Downing Centre courts. Picture: NCA NewsWire / Nikki Short

In his closing argument to the jury on Wednesday, Crown prosecutor Roger Campbell made several critical assessments of the former yacht worker’s evidence.

Earlier in the trial, the former yacht worker had given evidence he competed for Australia in swimming and in the Nutrigrain Iron Man competition.

“What he does is exaggerate, he tried to make people think he was some sort of world class athlete,” the Crown said.

“If he was competing in anything, he was competing to get in (to the Nutrigrain Iron Man) – he was never a member of the Australian swimming team.

“You would not accept anything he says, he’s trying to big-note himself.”

The Crown then took the jury back to a message the complainant sent the former yacht worker on June 3 2018, having reached a point where he could no longer hide from what he alleges was a lengthy pattern of abuse by the former yacht worker.

“Next time I see you will be your last moment on this planet, you f**king pedo,” the complainant concluded.

“Within 20 minutes, the same day, (the accused) says ‘what the f**k, I don’t even know you any more (complainant), you crept with everyone when we were like 12,’,” the Crown told the jury.

The court earlier heard evidence from the former yacht worker that “crept” or “creeping” referred to a person being something of a “hanger on”.

“There was no mention by the complainant in the first message, anything about age – the accused nominated that age,” the Crown continued.

“Why? Because quite clearly, he knew exactly what (the complainant) was talking about.”

The Downing Centre courts. Picture: NCA NewsWire / Nikki Short

The Crown then drew the jury’s attention to another part of the former yacht worker’s response, in which he said “when we were like 12” and “I never knew you past high school”.

“There was never any time they were both 12, there was never any time they were both young kids – when (the complainant) was 12, the accused was 17, and when the complainant was 13, the accused was 18,” the Crown said.

“The Crown relies on this as a lie – in relation to what the accused said, the Crown says he knew he was guilty of this offence.

“He said ‘I never knew you past high school, I haven’t seen you since we were both young kids’ – he said he was worried (the complainant) was going to go to the police – he lied, and that shows a consciousness of guilt, because he knew what he had done.”

In his closing, the former yacht worker’s defence barrister Mr Stewart pointed to what he said were inconsistencies or impossibilities in the complainant’s account of the three incidents.

In respect of the first incident, Mr Stewart said the complainant was “adamant” it occurred in October, when the street was quiet, in a mutual friend’s car.

Records show the mutual friend’s car was not acquired until January the following year, and Mr Stewart suggested the street could not have been quiet if it was during the school term as the place where the incident allegedly occurred was near the former yacht worker’s school.

In respect of the second incident, Mr Stewart highlighted the complainant’s inability to remember who else was with his group on their way to Cronulla Mall for food when the former yacht worker allegedly assaulted him in the unit block fire stairs.

“I suggest if he named someone, he knew they would not support his version,” Mr Stewart said to the jury.

In respect of the third incident, Mr Stewart referred to part of the complainant’s evidence where he described feeling “confusing, in my head, thinking about it”.

“The reason why it’s so confusing, I suggest, is that the complainant is reconstructing this incident,” Mr Stewart told the jury.

Mr Stewart also said, in response to the Crown’s suggestion that the former yacht worker was “obsessed” with the complainant, that it was “farfetched” to suggest someone who was obsessed with someone else would attack them twice – never again for five years – and then offend against them again.

The defence’s closing address continues on Thursday.