Jared Fairall, bar worker, to face trial at later date for allegedly rape of customer after mistrial

The trial of a worker at a popular Gold Coast bar who is accused of raping a customer has been abandoned.

The trial of a worker at a popular Gold Coast bar who is accused of raping a customer has been abandoned on the second day.

Jared Ian Fairall, a worker at The Henchman in Miami, had pleaded not guilty in the Southport District Court to one count of rape.

It is alleged he raped a customer after they met at the bar on February 1, 2020.

Fairall has denied the accusation.

On Tuesday morning, Judge Michael Rackemann declared a mistrial and discharged the jury.

Judge Rackemann did not give the jury any details about why the trial was being abandoned.

Fairall is expected to face a retrial at a later date.

Earlier: A worker at a popular Gold Coast bar allegedly raped a customer at his home, a court has been told.

The Henchman bar worker Jared Ian Fairall allegedly later told police the woman was “fat and I wouldn’t go there on a normal day”.

He pleaded not guilty in the Southport District Court on Monday to one count of rape.

It is alleged Fairall and the woman met on February 2, 2020 when the woman went to a birthday party at the Miami bar.

Fairall was working that night.

Jared Fairall. Picture: Jerad Williams

Crown prosecutor Amanda Payne told the five-man, seven-woman jury that the pair hit it off during the night, including flirting, chatting and at one point Fairall threw ice down her top.

She said the woman was jovial.

Ms Payne told the jury the pair went to Fairall’s bedroom in a nearby apartment, where they kissed consensually.

Ms Payne said when Fairall placed his hand on the woman’s thigh she told him to stop and said “no”.

The jury was told that the woman repeatedly said “no” and “stop”, but Fairall raped her.

Ms Payne said the woman returned to her friends at the bar after about 15 minutes and was a “different woman” to the “jovial” person she had been earlier that night.

The jury was told Fairall denied he had raped the woman when police questioned him.

Ms Payne said Fairall told police that he had kissed the woman but he did not force her, did not penetrate her and she had rejected him.

She said Fairall told police at the end of the interview: “You know what I mean … I didn’t … to be quite f***ing frank I wasn’t even … like the girl is not f***ing ugly but for me she is fat and I wouldn’t go there on a normal day … like unless I was drunk I wouldn’t f*** her.”

Ms Payne told the jury that Fairall’s semen had been located on the woman.

Defence lawyer Chris Wilson, instructed by Hannay Lawyers, said the case was an issue of consent. If consent had been withdrawn and, if so, when.

Two of the woman’s workmates told the court on Monday that the woman had gone missing from the birthday party for a short period.

They said when she returned the woman appeared “angry” and “agitated”.

They both said the woman told them she had been “violated”.

One of the friends said the woman told her: “Let’s get the f*** out of this place – you get raped here.”

She said that was the first time rape was mentioned.

The other friend told the court she could not remember if it was the alleged victim or their friend who said the word rape first.

They both told the court they took an Uber with the alleged victim to the nearby Bine Bar as she did not want to go home.

They both said they stayed there for about an hour and the woman was quiet.

The court was told that after leaving the Bine Bar, the friends convinced the woman to go to the police and took her there in an Uber.

The trial continues.

Follow @leae