Court hears of DNA tests in alleged bucks party rape case

A shirt handed out to a woman who’d spent time in an Airbnb where an alleged gang rape took place has become a key item in the case.

A young woman who went back to an Airbnb rented for a bucks party was handed a T-shirt off the floor that was later linked to an alleged rape, a court has heard.

Forensic investigators matched semen stains on a Adidas shirt to the DNA profile of Marius Hawell, who is accused of being in a dark bedroom during an alleged gang rape.

Brothers Maurice, 30, and Marius Hawell, 22, and Andrew David, 30, are on trial over the alleged sexual assaults of three women during the February 2022 trip to Newcastle.

Maurice Hawell denies any wrongdoing on his 2022 bucks trip. Picture: NewsWire / Nikki Short

The NSW District Court has heard they deny the allegations, which were said to have taken place inside a Parry St Airbnb hired as accommodation for Maurice Hawell’s bucks party.

The Hawells and Mr David have pleaded not guilty to charges including aggravated sexual assault in company, claiming all sex was consensual and denying certain acts took place.

Three women – Ms A, Ms B and Ms C – claim they were sexually assaulted by multiple men inside the unit during two separate incidents on February 25 and February 26, 2022.

On Wednesday, the jury heard one of the nine bucks party guests had brought a woman home about 12.20am on February 26, 2022.

When leaving, the woman was given a shirt – which the court heard was believed to belong to Mr David – found lying on the floor of one of three bedrooms in the apartment and she wore it home.

Andrew David leaving court on Wednesday. Picture: NewsWire / Nikki Short

Marius Hawell. Picture: NewsWire / Nikki Short

The court heard the woman later gave a black Adidas t-shirt to a police officer investigating one of the alleged rapes and semen stains were identified on it.

DNA found in the stains had the same profile as Maurice Hawell and was “greater than 100 billion times more likely” to have originated from him than from another unknown, unrelated person, the court heard.

A forensic expert agreed the tests conducted could not determine how and when DNA was deposited, and that there was a only small amount detected.

The Crown alleges Marius Hawell was part of a “swarm” of men who allegedly assaulted Ms A and Ms B late on February 25.

Marius’ barrister Scott Corish has told the jury his client denies participating in any of the sexual acts and was “the one described as having his clothes on at all times” during the trip.

Another witness called on Wednesday, who was in the neighbouring unit on Parry St for a hens night, told the court she heard “sex noises” through the walls between 9.30 and 10pm on February 26.

“We could hear a male and a female making sex noises. Moaning, groaning,” she said.

Sharyn Hall SC, acting for Mr David, asked if the witness remembered this so clearly because a friend had remarked “that’s the quickest sex I ever heard”.

“Yes,” the witness replied.

The witness agreed she could have heard the noises she described later in the night.

The court has heard CCTV captured Ms C arriving at the apartment about 10:22pm on February 26.

‘Where’s Matt?’

On Tuesday the court heard evidence from witness Matthew Annoih, who met Ms A at the Cambridge Hotel on February 25, 2022 and she later agreed to accompany him to the unit.

Her friend, Ms B, also came with them and Maurice Hawell after Mr Annoih was told “(Ms B) wants your friend”, the court heard.

“And I asked Marius and he wasn’t keen to come back,” Mr Annoih told the court.

“I saw Maurice after a short while and I asked him and he said, ‘Yes.’”

The court heard consensual sex took place between Mr Annoih and Ms A, and Maurice and Ms B, in separate bedrooms.

Mr Annoih is not accused of wrongdoing or charged with any offences.

The former Cambridge Hotel, Newcastle. Picture: Google Maps.

In court, Mr Annoih said Maurice Hawell came into the bedroom and asked: “Hey guys do you wanna have a threesome? (Ms B) is keen as well.”

Mr Annoih said he told Ms A “it’s up to you”, and she replied “it’s up to you”.

He gave evidence of telling Maurice to leave the room while they continued to have sex.

The court heard Mr Annoih later left the room when Maurice and Ms B entered, before returning to the door when he heard Ms A call his name.

“I heard (Ms A) call ‘Where’s Matt’. So I went back and said, ‘Hey are you OK’ and she said ‘Yes I’m OK’,” he said.

The court heard that by this time, Mr David had joined in the sexual activity with Mr Annoih telling the court “I couldn’t recall who was with who”.

Andrew David, now 30, has pleaded not guilty to all charges. Picture: NewsWire / Nikki Short

No one else entered the room and Marius Hawell remained in the loungeroom throughout, Mr Annoih told the court.

Mr Annoih denied hearing Ms A asking him “tell your friends to stop” and that the lights were off during the incident, as the women have claimed.

Under cross examination from Maurice Hawell’s barrister Richard Pontello SC, Mr Annoih also rejected that he was involved in group sex with Mr David and Ms A.

“Are you just saying you left the bedroom so you’re not implicated in any criminal wrongdoing?” Mr Pontello asked.

“Incorrect,” Mr Annoih replied.

The trial before Judge Gina O’Rourke continues.