Jack de Belin, Callan Sinclair: Closing statements made in rape trial
The prosecution has warned the jury to avoid “red herrings” and “distractions” when deciding the outcome of Jack de Belin’s sex assault case.
Police & Courts
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Hugging, kissing and dancing with men at a Christmas pub crawl did not indicate a woman consented to group sex, the prosecution in NRL player Jack de Belin’s sex assault trial has told a court.
Crown Prosecutor David Scully SC told Wollongong District Court the 19-year-old was entitled to dress up, dance and have a “fun kiss”, but there was no foundation for the defence to argue her “flirty” behaviour at a nightclub shows she consented to sex.
De Belin and co-accused Callan Sinclair have pleaded not guilty to sexually assaulting the woman in December 2018, saying group sex with her was consensual.
“Nothing in how the complainant behaved in that nightclub in any way tells you that she consented to being sexually penetrated by either or both of the accused in that unit,” Mr Scully said in his closing address.
“The complaint (was) a 19-year-old at Christmas time. She is allowed to get dressed up. Allowed to go out. She’s allowed to have a good dance. She’s even allowed to have a fun kiss with Mr Sinclair if that’s what she wants to do.”
Mr Scully said there was a “fundamental disconnect” between what the woman thought was going to happen that night and what the men had “planned”.
“They thought she was keen from her hanging around. They wanted to have a threesome with her. Neither of the accused bothered to tell the complainant of their plan to have sex with her,” he said.
She had known some of the men since she was 17 and had “no reason not to trust them”, he said.
Mr Scully said the woman was a “compelling witness”.
“The crown’s argument is simple…plainly the sexual penetration was not consensual,” he told the court.
Mr Scully asked the jury not to think the woman was concealing information when she forgot she gestured a V symbol with her hands on her mouth in the nightclub.
“She is not a robot. She doesn’t have a photographic memory. It’s not surprising she doesn’t remember her movements on the dance floor. Mr Sinclair himself was unable to remember the V gesture…,” he told the court.
Mr Scully said a “power imbalance” explained why she got an Uber back into town with the men after the alleged assault.
“She is alone with two men and an event has occurred which if you accept her evidence … involved a violation and a significant power imbalance,” he said.
“She is in a very, very, very vulnerable position at that stage, she is a 19-year-old who is in a state of shock and is trying to process what occurred.”
He reminded the jury the woman did not say goodbye to de Belin when leaving the nightclub line and messaged friends to help her soon after that. And asked them to look at the entirety of evidence, not isolated moments in time.
Mr Scully also told the court evidence of Det Snr Cnst Shawn Adams lying to the court about accessing privileged messages in de Belin’s phone was a “dramatic moment” - but a red herring.
“Quite a lot of the evidence can be distractions or red herrings,” Mr Scully said.
“You heard Det Adams taken to the transcript and questions were put to him suggesting he lied...it may form a dramatic moment in court.
“But so far as your task in determining whether you accept evidence of (the woman), that evidence was unimportant.”
He said there was no evidence the woman was ever shown or told about the messages.
Sinclair’s aunt told the court on Monday her nephew was “not capable” of rape. The travel agent gave a glowing review of her nephew’s character to the jury.
Mr Scully said when his closing address continues Tuesday he will tell the jury why they can accept de Belin and Sinclair are guilty beyond reasonable doubt.
De Belin’s defence will then give closing submissions.
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