De Belin, Sinclair trial: Rape accuser evidence ‘unreliable’, says defence
The lead policeman’s “dishonest” conduct in NRL player Jack de Belin’s sexual assault trial is “anything but a red herring”, a court has been told.
Police & Courts
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NRL forward Jack de Belin admits he should have been “more respectful” toward his pregnant partner and the woman he had group sex with - but he has not committed a crime, a court has heard.
De Belin’s barrister David Campbell SC concluded his closing address on Wednesday morning by warning the jury against judging the St George Illawarra player’s morals as a crime.
“...The night of this festive event he clearly let his guard down...he conducted himself in a way that was morally wrong,” Mr Campbell told the District court as de Belin and co-accused Callan Sinclar stand trial for sexual assault.
The pair have pleaded not guilty to raping the 19-year-old woman in December 2018, saying group sex with her after a pub crawl was consensual.
Mr Campell told the court the case had been a “massive wake up call” for the NSW State of Origin forward.
“He cheated on his partner...he should have been more responsible...he should have been more respectful...he should have been more considerate of those he was with, including the complainant,” Mr Campbell said.
“He should not have allowed things to progress to the point that they did. In hindsight, he knows that. That which happened is not something to be praised..it was plainly a massive wake up call for him.”
However, he said, this was not a “court of morals”. They were to decide whether a “grave crime had occurred”.
“This is not what this case is about because this is not a court of morals,” Mr Campbell said.
“You’re not called to make a judgement as to morals...this is a criminal court..charged with an adjudication by each of you as to whether a grave crime has occured.
“It certainly does not involve any criminal conduct by either Mr de Belin or Mr Sinclair. We urge you to find Mr de Belin not guilty of all counts.”
And Mr Campbell reminded the court of the “dishonest and improper” conduct of the detective in charge of the case, Wollongong Detective Senior Constable Shawn Adams.
“Central to the investigation is his honesty, integrity and attitude,” Mr Campbell said.
“It’s anything but a red herring. Mr Adams was till February this year the officer in charge of the case. He exclusively had dealings with (the woman).”
And he acknowledged he lied in pre-trial hearings, when he said he thought the material concerned “Dragons business”.
Mr Adams also admitted he did not take proper notes during the investigation and he allowed a witness to sit with the woman when she gave evidence, which was not proper procedure.
“We know from the very outset Mr Adams has departed from the proper conduct that should be implemented in an investigation,” Mr Campbell said.
“His conduct is improper and dishonest ... it’s important for you to know he is a dishonest person.”
And Mr Campbell told the court the woman’s evidence was “unreliable”.
“The complainant’s evidence is unreliable, can not be acted upon, let alone be a foundation of being found guilty beyond reasonable doubt…(it) falls short,” he said.
“Something does not become more reliable if it is said on more than one occasion. If it is altered, that’s a strong indicator it’s not true or accurate.”
He said the woman was “forced to admit” inaccuracies in her evidence when she was cross-examined in the witness box, including when she said she did not say goodbye to Sinclair and tap him on the elbow when leaving a nightclub line.
And he said also when she told the court she was walking in front of the men because she “didn’t want to be near them”, but CCTV footage showed she was in fact behind them.
Mr Campbell asked the jury to use “common sense” and “human experience” to decide the case outcome.
He also said the woman made a “sinister and vicious” allegation of de Belin’s character when she said he threatened to throw her phone from a tuk tuk.
Judge Haesler will give his address on Wednesday afternoon before the jury are dismissed to deliberate the outcome.
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