Hobart Hurricanes cricket player Nikhil Chaudhary found not guilty to raping woman in Townsville
A jury has found a man not guilty of rape following a three-day trial where they heard a woman accused the cricketer of raping her on Townsville’s nightclub strip.
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A jury has decided that a Big Bash cricket player did not rape a woman who accused the man of penetrating her without consent while in his vehicle that was parked on Townsville’s nightclub strip.
The jury finalised their deliberation Wednesday afternoon only taking an hour to make their decision and stated they found Nikhil Chaudhary not guilty of rape and not guilty of the alternative charge of sexual assault.
Earlier that day defence barrister Claire Grant who represented the 27-year-old said the man could not be found guilty as he had reason to believe the interaction was consensual due to the pair dancing and kissing in a Townsville nightclub moments prior and the woman agreeing to go home with him.
She also told the jury the woman had not provided reliable evidence due to having consumed alcohol that night and not being able to recall all the events that transpired.
Judge John Coker discharged the man, who walked free from Townsville District Court.
Earlier
On day three of a trial where a Big Bash cricket player has been accused of raping a woman on a nightclub strip, the crown has suggested the woman’s consent to prior sexual activity with the man had been withdrawn.
Crown prosecutor Shannon Sutherland addressed the jury Wednesday morning and suggested Mr Chaudhary was guilty of raping the woman in his car on May 23 in 2021, and that she had the injury to prove it.
“It’s one thing to kiss and dance together in a nightclub and even agree to go home together,” she said.
However, it was another thing for the man to allegedly penetrate the woman in his car with his finger, Ms Sutherland told the jury.
She said that despite the defence team offering a motive that the woman lied because a friend got angry at her for getting in the car with the man, it was simply not true and highlighted the woman was seen crying by witnesses the second she exited the vehicle.
“It’s pretty farfetched that she would make up a serious rape allegation because she thought she was in trouble with her friend,” she said.
“Friends can have drunken disputes and make up for it the next day.”
Ms Sutherland said the jury should take into account that Mr Chaudhary lied to police when originally interviewed on Flinders St, as he told them he didn’t have a female in his car until authorities warned him CCTV would be viewed for the investigation.
“He wasn’t slurring his words, he wasn’t unsteady on his feet,” Ms Sutherland said to suggest the man wasn’t intoxicated.
“There was obviously a language barrier which caused initial confusion however the officer recognised this and asked him if he understood his rights.
“He said he didn’t know her, he wouldn’t even describe what she was wearing or the colour of her hair, he was being evasive.”
The crown suggested the woman’s account of the alleged offence was credible and that it should be acknowledged she didn’t attempt to answer questions throughout the cross examining process that she didn’t know the answer to.
“She couldn’t remember times but you may think that’s not as important in the scheme of things,” Ms Grant said.
“Her description was consistent with this being the experience she had.”
Lastly, Mr Sutherland told the jury it would be wrong to assume that the woman and Mr Chaudhary’s interactions prior to the alleged offences that occurred in the car, were any consent for him penetrating her while in the vehicle.
“It’s a bit of an odd thing to do actually to go from kissing someone to that,” the crown said.
“She told him to stop but he didn’t and he continued to force himself on her. She was not consenting, any prior consent that had been given that night was withdrawn. The injury speaks to the unexpected nature to the touching and level of force used.”
Defence barrister Claire Grant said the jury could not consider the woman’s word as truthful, but “wildly exaggerated” due to inconsistencies in the retelling of the story, and her inability to recount certain factors due to having consumed alcohol.
“Her evidence is wholly unacceptable to meet beyond a reasonable doubt in a criminal trial,” Ms Grant said.
She said that the woman said ‘I don’t think so’ 23 times while being cross examined, and said ‘I can’t recall’ a further 29 times.
“She couldn’t remember who was at the table at the nightclub despite going to dance with Mr Chaudhary and going back to the table with friends,” Ms Grant said.
“She said she had a patchy recollection of what happened in the car and a patchy recollection falls far short of proof without a reasonable doubt.”
The defence barrister highlighted the CCTV footage that was shown in court that depicted the woman draping her arms around Mr Chaudhary while exiting the nightclub, and “sexy dancing” with him while on the dance floor.
“There was really only one impression she was giving Mr Chaudhary, and that was that she was sexually interested in him,” Ms Grant said.
“You don’t go home with a person that you have been sexy dancing and kissing, it’s otherwise a stranger.
“You don’t go home with somebody under those circumstances to arrange for them to mow your lawn next week.”
Ms Grant addressed the lies that Mr Chaudhary told police during his initial interview on Flinders St, and said he should not have been interviewed by police while intoxicated.
“It is plainly apparent Mr Chaudhary was confused,” she said.
“There was intoxication and a breakdown in communication due to a language barrier.”
Ms Grant closed the case by telling the jurors they should not convict Mr Chaudhary of any crime due to the woman’s evidence being untruthful and “at the very least, wildly exaggerated”.
A jury will now deliberate the verdict.
Day 2
The mother of a woman who has alleged she was raped by a Big Bash cricket player on Townsville’s nightclub strip has told the court of the phone call between her and her daughter less than an hour after the alleged assault.
In day two of the trial that has seen Hobart Hurricanes player Nikhil Chaudhary plead not guilty to one count of rape, witnesses, police officers, the mum of the alleged victim and a forensic nurse were called to the stand.
The 27-year-old man appeared in Townsville District Court before a jury on day two of the trial, after it was alleged he raped a woman in his car after meeting her at a nightclub.
Crown prosecutor Shannon Sutherland called the mother to the stand where she asked her questions about the evening of the alleged offence.
The mother said she had gone to bed at 11:30pm and missed a phone call from her daughter at 3:11am, minutes after the rape was alleged to have occurred.
The court was told the mother and daughter were able to get in touch at 3:53am.
“I couldn’t hear much because she was crying, she sounded upset,” the mother said.
“I asked her why she was crying and she said she might be going to court.
“She told me she met this guy at the nightclub, they hung out for a bit and she mentioned she went out of the club with him and got into the car with him.”
During the cross examination of the witnesses, defence barrister Claire Grant put forward to the mother that her daughter said the man had “tried” to touch her.
“She told you that he was all over her and that she told him to let her out of the car and at that time he started touching her,” Ms Grant said.
“I said did he touch you? And she said yes he tried,” the mother replied.
Forensic examiner Nicole Aitkins who works for the Clinical Nursing Forensic Unit at the Townsville Hospital analysed the woman’s injury the night of the alleged offence.
She told the court she had completed 143 sexual assault examinations prior to the one in question.
Ms Aitkins said she found a 1cm by 1cm abrasion to the woman’s genitalia, and described that an abrasion can occur from blunt force.
Ms Sutherland asked the examiner if an abrasion can occur from a blunt force such as a finger.
“Possibly yes,” Ms Aitkins said.
Mr Chaudhary’s representation Ms Grant asked the examiner if it was possible there were other ways the woman could have gained the injury.
“You are not in a position to conclusively say what caused the abrasion you observed?” Ms Grant asked.
The examiner replied, “No”.
“With the history that was provided to me from (the woman), it’s a possible cause for the injury that was there that I’d seen,” Ms Atkins said.
Constable Alexandra Smith who interviewed the woman the night of the alleged offence was also called to provide evidence by the crown prosecutor and described the state she noticed the woman to be in throughout their conversation.
“She didn’t appear under the influence,” the constable said.
“She was coherent and walking fine and speaking fine and didn’t appear to be affected by alcohol.
“She told me she had been inside a vehicle with a man and that the man sexually assaulted her.”
Friends of the alleged victim who had been with her that night of the alleged rape were also interviewed on day two of the trial.
The prosecution’s evidence finalised Tuesday afternoon, with Mr Chaudhary deciding not to give evidence.
Judge John Coker adjourned the court until Wednesday morning in Townsville District Court where the defence and prosecutions will provide their closing statements.
Trial day 1
A Big Bash cricketer who is alleged to have raped a woman on Townsville’s nightclub strip has entered a plea of not guilty on the first day of the trial.
Hobart Hurricanes cricket player Nikhil Chaudhary appeared in Townsville District Court Monday morning after police charged the 27-year-old with one count of rape.
Crown prosecutor Shannon Sutherland said in May 2021, the man allegedly penetrated the woman using his fingers while in his silver sedan which was parked on Townsville’s nightclub strip and left the woman unknown to him with an injury.
Defence barrister Claire Grant who is being instructed by Connolly Suthers Lawyers said it is disputed whether Mr Chaudhary’s fingers entered the woman, and that it will be argued the woman consented to the sexual act.
During the opening statements Ms Sutherland told the jury Mr Chaudhary met the alleged victim at a nightclub, where they spent time together dancing, before exiting the club just after 3am.
The jury was told the woman thought they were headed to the taxi rank before he directed her to his parked car, and that despite having consumed alcohol she felt aware of her surroundings.
She said the pair got into his car and he started to drive off, however she asked him to pull over so she could wait for a friend, and he pulled into another car park in the same lot that was facing the Ross River.
“(Her) friend started to walk over, he leant over and kissed her on the neck,” Ms Sutherland alleged.
“He rubbed her thigh, this made her uncomfortable. She told him to stop but he didn’t. She crossed her legs so he couldn’t go near her vagina area.”
Ms Sutherland said it was during this point the man moved her underwear to the side and penetrated her with his fingers, and she attempted to push him off but wasn’t able to and told him to stop.
The court was told he allegedly only stopped once the woman’s friend started banging on the tinted car windows.
Ms Sutherland said the woman’s friend encouraged her to report the man to police, which she did at 3:35am that morning before she was taken to the hospital.
According to the crown the woman experienced a stinging sensation to her genitalia and sustained an injury to her anus which was examined at the hospital.
It was also stated by Ms Sutherland that after authorities were alerted, they took up with Mr Chaudhary who declared he hadn’t interacted with a female that night, and it was his brother sitting in the passenger seat of his car to which police said CCTV showed that it was the woman in his car.
Mr Chaudhary’s defence, Ms Grant told the jury they were to consider three things throughout the trial’s proceedings.
“Whether the complainant consented to a sexual act with Mr Chaudhary, consent is the first issue,” she said.
“The second to which penetration was affected. That is in dispute in this case.”
She said the third consideration would involve the interactions between Mr Chaudhary and the complainant in the lead up to them going to the car, and whether a defence of “mistake of fact” applied to the issue of consent.
“Mistake of fact is a legal defence which will be relied upon by Mr Chaudhary in this trial,” Ms Grant said.
“That is whether he was honestly and reasonably mistaken about whether the complainant was going into the car and consenting to a sexual episode unfolding.”
She also told the jury the evidence provided by many of the witnesses would be impacted by alcohol and memory, and that the best “unaffected” evidence would be the CCTV footage that will be played over the course of the trial.
The trial which is expected to go for three days is being held in front of Judge John Coker and in front of 12 jury members consisting of 10 women and two men, and a 13th juror who was empanelled as a precautionary member.
A number of witnesses will also provide evidence including the woman’s friends who accompanied her the night of the alleged offence, her mum, the police she reported the incident to on the night as well as the nurse who examined her injuries from the hospital and an investigating officer.
The court was closed as the alleged victim gave her evidence on Monday afternoon.
Big Bash cricketer accused of rape faces trial
A Big Bash cricketer who is alleged to have raped a woman on Townsville’s nightclub strip has entered a plea of not guilty on the first day of the trial.
Hobart Hurricanes cricket player Nikhil Chaudhary appeared in Townsville District Court this morning after police charged the 27-year-old with one count of rape.
It will be alleged that the Big Bash League player raped a woman unknown to him in his vehicle in May 2021.
A jury of 12 members including 10 women and two men were selected Monday morning, with a 13th member selected as a precautionary measure.
The trial which will be held in front of Judge John Coker is expected to go between three to four days.
Defence barrister Claire Grant will be instructed by Connolly Suthers lawyers and represent Mr Chaudhary throughout the trial, while Shannon Sutherland acts as crown prosecutor.
More to come.
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