By Sarah McPhee
Warning: Graphic content
A Byron Bay man allegedly headbutted then raped a woman inside The Star Grand Hotel in Sydney before pouring a bucket of ice over her and repeatedly stomping on her head, a jury has been told.
Joel Nathan Fitzpatrick Burtt, 22, has pleaded not guilty to 11 charges including multiple counts of sexual intercourse without consent, aggravated sexual assault inflicting actual bodily harm, choking and assault, related to three incidents including a night at the hotel in Pyrmont in 2022.
Joel Nathan Fitzpatrick Burtt leaves court where he is on trial accused of sexual assault.Credit: Dion Georgopoulos
In an opening address on Tuesday, Crown prosecutor Melanie O’Connell told the jury the complainant and Fitzpatrick Burtt were on the same cruise from Darling Harbour that afternoon before a group went to the pub.
She anticipated the complainant would give evidence that she walked back to the hotel with two men – the man who had booked the room and the accused – to collect something she had left there as she was planning to go to another party that night.
O’Connell said the complainant and the accused had “different versions about what occurred” inside the room after the other man had left.
She expects the woman’s evidence to be that Fitzpatrick Burtt grabbed her around the neck and “held her down forcibly” before asking her to have sex, which she refused.
The Byron Bay man is accused of headbutting then raping a woman inside The Star Grand Hotel.Credit: Dion Georgopoulos
The accused then allegedly punched the woman to the left side of her head causing swelling and bruising, and headbutted her to the back of her head.
The prosecutor said the complainant was in shock and asked for ice for the swelling, which the accused ordered via room service. Fitzpatrick Burtt then allegedly raped the woman.
“She was crying and asking him to stop,” O’Connell said.
She said there was a knock on the door as the ice was delivered. The prosecutor said the complainant had asked to call another woman, and the accused told her she could if she performed oral sex.
He then allegedly forced himself on the woman and “she was scared and didn’t resist”, O’Connell said. The accused allegedly agreed to the woman’s second request to make a phone call.
The prosecutor expected her evidence to be “the accused kicked her in the face causing her to fall off the bed”.
“[He] allegedly stood over the complainant and poured ice from the ice bucket over her and stomped on her head multiple times,” she said.
She anticipated the complainant’s evidence will be that she did not consent to any of the alleged sexual acts.
The prosecutor said the other charges relate to two earlier occasions, during which Fitzpatrick Burtt allegedly grabbed the woman by the hair, headbutted her and held his hands around her neck and over her mouth, and separately put both hands around her neck and “squeezed tightly”.
O’Connell said the jury would hear from witnesses including the complainant, hotel guests in neighbouring rooms, security, police, and an emergency doctor and sexual assault nurse who examined the woman.
In opening remarks to the jury, defence barrister Peter Skinner said some of the sexual acts were not in issue, while his client disputed others had occurred at all.
“It is a very big issue that it was non-consensual, or if in her [the complainant’s] heart or in her mind that she wasn’t consenting, that he knew that,” he said.
Skinner said the accused admitted he “lost it” and punched the woman after a “big, big argument”, but that this occurred after sex and was at the end of the situation.
“He concedes that he punched her hard, and he caused the injuries that you will see,” he said. “He would accept whatever punishment comes his way in that regard.”
The barrister said Fitzpatrick Burtt denied kicking the woman or stomping on her head. He asked the jury to wait to hear all of the evidence before they form any conclusions.
The trial before Chief Judge Sarah Huggett is estimated to run for up to three weeks.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800 RESPECT (1800 737 732).
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