Michael Kawana: Closing arguments heard in Geelong chef’s rape trial

A recorded phone call between an accused rapist and his alleged victim will prove central to deciding the man’s fate, as the closing arguments in his trial are put to the jury.

Michael Kawana is standing trial accused of rape

A prominent chef allegedly pushed a woman against a wall and raped her, a jury has been told.

Michael Kawana, 53, appeared in the County Court at Geelong for trial on Wednesday, facing seven charges: two counts of rape by digital penetration, four counts of sexual assault and one count of sexual assault by compelling sexual touching.

The charges span four alleged incidents between 2018 and 2020, all with the same complainant. Mr Kawana does not dispute the sexual encounters, but contends they were consensual.

The trial began on Friday, and on Wednesday morning the jury heard the closing addresses.

Crown prosecutor Andrew McKenry began his address by repeating the complainant’s alleged words during each incident: “no, stop”.

The court heard the core of the prosecution’s case was the alleged victim’s testimony, supported by a recorded phone call, the testimony of a witness who allegedly saw one of the incidents, and text messages exchanged between the complainant and the accused.

Mr McKenry told the jury the complainant was a credible and reliable witness, who withstood having her evidence challenged during cross-examination.

In one alleged incident, Mr Kawana allegedly pushed the woman against a wall and penetrated her with his fingers, as she protested.

“I tried to wriggle free … I told him to stop,” Mr McKenry quoted the alleged victim as saying.

She told the truth and “did not waver at any point”, Mr McKenry said.

Mr McKenry told the jury they could use Mr Kawana’s own words in an October 2021 phone call against him, in which he allegedly made admissions towards his conduct.

Mr Kawana allegedly said what he did “wasn’t the right thing”, among the comments raised by Mr McKenry.

Known as a “pretext call”, it was a recorded call made by the complainant to Mr Kawana from a police station.

In her closing address barrister Tanya Skvortsova, for Mr Kawana, told the jury they should have “real doubt” events transpired as the prosecution alleged.

The victim may have “recast” her perception of events, which Ms Skvortsova suggested “evolved” over time.

Ms Skvortsova highlighted discrepancies between the complainants and a detective’s recollections of conversations they had, as well as descriptions of an incident given by the complainant and an alleged witness.

“(The witness testimony) doesn’t at all sound like the incident that (the victim) describes,” Ms Skvortsova said.

“What it does sound like … is something that resembles an ultimately consensual encounter.”

Ms Skvortsova argued the phone call did not contain admissions as presented by a prosecution who “plucked out” lines and ignored others.

Ms Skvortsova suggested Mr Kawana’s comments instead showed he was receptive to the complainant’s feelings and he may have said what he believed she needed to hear to “lighten her emotional burden”.

“It’s not a call that he’s on notice, that he needs to deny any specifics that he doesn’t agree with,” Ms Skvortsova said, arguing interpreting what he said as admissions was a “pretty long bow” to draw.

Following the addresses, Judge Michael Tinney began his charge to the jury.

Originally published as Michael Kawana: Closing arguments heard in Geelong chef’s rape trial