Lake Macquarie: Jury discharged in trial of Kavinesvell Sivabalan, accused of raping a woman in 2022

There’s been an unexpected twist in the trial of a Sydney man accused of raping and choking a woman he met in Lake Macquarie after the pair formed a relationship online.

The trial was held at Newcastle District Court. (AAP Image/Mark Russell)

The jury has been discharged in the trial against a Sydney man accused of raping a woman he went to meet in Lake Macquarie after the pair formed a relationship on social media.

Kavinesvell Sivabalan, from Blacktown in Sydney’s west, has denied he raped, intimidated and choked the young woman over a period of two days in 2022.

He pleaded not guilty to five counts of sexual intercourse without consent, intentionally choke a person without consent, stalk/intimidate and use an offensive weapon with intent to commit an indictable offence.

The trial began in Newcastle’s District Court last week but on Wednesday the jury was discharged before deliberations had begun after the Director of Public Prosecutions (DPP) directed there be no further proceedings.

During the trial the Crown Prosecutor was trying to prove that the woman was forced into having sex with Sivabalan because she was scared of what he would do to her if she rejected his advances.

Kavinesvell Sivabalan has pleaded not guilty to raping, choking and threatening a 21-year-old woman in Lake Macquarie. The jury has now been discharged in his trial. Pic: Amy Ziniak

It was heard the pair met up at a Central Coast train station and went to a home where the woman was staying.

In the Crown’s opening address, David Hoitink explained to the jury they would be alleging that over the two days Sivabalan allegedly intimidated and threatened the woman – including allegedly waving a knife at her – had sex with her on numerous occasions and choked her.

It was heard the alleged victim told family and friends that he had turned up at her work, was controlling and that she felt like she had to consent to sex otherwise he would hurt her.

But defence barrister William Hussey told the jury it was consensual sex with the woman and that she had freely and voluntarily consented.

He said no threats were made nor was their any violence at any time.

“It is complete fiction. It is simply not true,” he said during the trial.

Mr Hussey urged the jurors to pay attention to the honesty and accuracy of the complainant, which he claimed would be a central issue in the trial.