Jack Milner on trial for the alleged sexual assault of a woman near Finnegans nightclub in Newcastle

A woman allegedly sexually assaulted in a Newcastle alleyway by a stranger has given evidence during a trial that she was “terrified” and repeatedly kept saying “no” to her alleged attacker.

Jack Milner is on trial for the alleged sexual assault of a woman who had just left Finnegans Hotel on November 25, 2022 Picture: Google Maps.

A woman allegedly choked and sexually assaulted by a stranger near a popular Newcastle nightclub has told a jury she was “terrified” and in “shock” when she was pinned against a wall in the “frantic” attack.

Jack Milner from Merewether is standing trial in Newcastle’s District Court for the alleged violent attack on the woman in a King St alleyway in Newcastle just before midnight on November 25, 2022.

Milner pleaded not guilty to aggravated sexual assault – inflict actual bodily harm and a related charge of intentionally choking a person without consent.

The woman, who is now 24-years-old, gave evidence during the trial on Tuesday that when she failed to gain entry into Finnegans Nightclub, due to her service NSW app not working, she left her friends to get an Uber and head home.

She told the jury a man approached her and was making “friendly chat” but she wasn’t engaging with him as she walked along King St.

Jack Milner (in grey suit – right) leaving Newcastle District Court with supporters and defence barrister Margaret Cunneen SC (far left) on October 22, 2024. The 21-year-old is on trial for the sexual assault of a woman near a popular Newcastle nightclub on November 25, 2022. Picture: Amy Ziniak

She told the jury she saw an alleyway and thought it was a back entrance to Finnegans and wanted to see if she could get inside to see her friends, before she jumped a small fence and tried to open locked doors.

The court heard the man continued to follow her and when she turned around he was “right up” in her face.

“Very close that it was uncomfortable,” she told the jury.

The woman detailed to the court how she thought he was trying to kiss her and when she went to get away he grabbed her by the arm, pinned her and pushed her back against a wall.

“I was in shock. (I) hit the wall with quite a bit of force,” she told the jury.

The jury then heard he started to lick her neck as she repeatedly cried out “stop” and had started to grab at her dress and rip it down.

The court also heard he started to touch her right breast before he tore her underwear off and started grabbing at her genital area.

“It was frantic. I was terrified. I was scared,” the woman said.

Crown Prosecutor Charisse Hodgeman asked if the man was saying anything to which she replied, “no. I was still saying stop”.

The jury heard the woman was trying to kick and knee him in a bid to get away before he forcefully pushed his hand against her neck.

“I couldn’t speak anymore, I couldn’t breathe,” she explained.

The jury heard at some point she managed to break free but he continued to follow her and she remembered feeling “completely panicked”.

CCTV footage played in court showed a female staff member from Foghorn’s taking her inside before the man ran off.

The court heard the woman called and texted friends about the alleged attack, saying “some guy tried to attack me”.

Defence barrister Margaret Cunneen SC quizzed the woman on how much she had to drink that night and her attempts to get into Finnegans.

She also argued that it was in-fact the woman who had first approached and spoken to Milner and asked to borrow his shirt.

“That is 100 per cent not true. He approached me, I was looking at my phone,” she told the jury.

Ms Cunneen also suggested to the woman she had asked her client to follow and help her get into what she thought was the back of Finnegans and was the one who initiated physical contact.

“You grabbed him, hugged him, kissed him on the mouth,” she directed at the woman.

“No,” she replied. “I wasn’t talking to him, he was speaking to me.”

The woman will continue her evidence on Wednesday.