Jury told to keep ‘open mind’ in rape trial of ex-Haileybury boy Lyndon Montgomery

The lawyer for a Haileybury graduate accused of rape has asked a jury to ignore their “preconceptions” and the “current climate” around consent.

Haileybury graduate Lyndon Montgomery is on trial accused of rape.

The lawyer for a Haileybury graduate accused of raping a young woman has asked a jury to ignore the “current climate” surrounding consent and women’s safety.

Lyndon Montgomery, 25, pleaded not guilty to rape and aggravated burglary after he allegedly snuck into his victim’s Bayside home and raped her in 2018.

On the first day of his trial at the County Court on Monday, Mr Montgomery’s barrister Belinda Franjic asked the jury to ignore their “preconceptions” and focus only on the evidence.

“I just briefly want to say something about the current climate and acknowledge the atmosphere that exists in the community at the moment where a lot has been said about consent and about women’s safety,” Ms Franjic said during her opening address.

“It’s all around us, it’s pervasive, it’s in the papers, it’s on the television, in the media, it’s in conversation and we often hear people say the words ‘we believe you’.

“You’ve got to leave all of that at the door.”

Ms Franjic asked the jury to keep an “open mind” and flagged the woman’s memory of the night would be an “important issue” in the trial.

Mr Montgomery had been drinking with the woman and others at a Chapel St bar in the hours before the alleged rape on September 24, 2018.

Lyndon Montgomery has pleaded not guilty to rape and aggravated burglary.

The group caught an Uber following their drinking session with Mr Montgomery and the woman travelling to her home after the other passengers had been dropped off.

Mr Montgomery allegedly walked the woman to her front door and told her he was in love with her and wanted to be with her.

But it’s alleged she told him she had a boyfriend and wasn’t interested before going inside and locking the door.

It’s alleged Mr Montgomery broke into the woman’s home via an unlocked sliding door and entered her bathroom where she was having a shower.

The woman allegedly asked Mr Montgomery: “What are you doing? Get out.”

The victim — who’d had a number of drinks and was intoxicated — claims the next thing she remembered was Mr Montgomery raping her in her bed.

The following morning, the woman woke up with Mr Montgomery beside her in bed.

She allegedly told him to leave before recording a video of blood stains on her sheets.

That day, she broke down in tears when telling her friends about the alleged rape.

Lyndon Montgomery claims the sex was consensual.

A few days later, Mr Montgomery texted the woman and apologised for his “heinous” actions.

“Hi … I know sorry doesn’t cut it but I do really appreciate you giving me the opportunity to apologise,” he wrote.
“I’ve done the most heinous thing possible you can do to a woman, and I’ve done it to you.

“It was never my intention for things not to be consensual, I should of (sic) realised what you were communicating to me, but I didn’t, and I pushed it and ever since I’ve felt sick, and that will stay with me forever that I’ve crossed that line.

“I know you want to forget all about this and believe me so do I, but I’ve done something horrible to you and that will stay with me even in the back of my mind.

“But I’ve also ruined something between you and a man you love, again I should of (sic) respected what you have but instead I was unable to restrain, and some serious character searching needs to be done from me before I can call myself a good man.

“And I know this apology is really shit, but honestly how can I for what I’ve done.

“But I hope this gives you whatever you want, whether it some space or something to hate I hope it finds you in good stead.

“Whatever you want in the future I will respect … Sincerely, Lyndon.”

The following month, the woman told her mother what had happened.

She later recorded a phone conversation with the former private school student in which he told her he was remorseful for his actions.

Mr Montgomery admitted having sex with the woman but claims it was consensual.

The trial before Judge Anne Hassan continues.