Add Category
Kurtley Beale's barrister has told a jury that the woman accusing him of sexual assault is a "manipulative" person who "curated circumstances" to turn herself into a victim.
WARNING: Some readers might find the details in this story distressing.
The former rugby union player has pleaded not guilty in the New South Wales District Court to one count of sexual intercourse without consent and two counts of sexual touching.
The 35-year-old former Wallaby is accused of a number of unwanted sexual acts at the Beach Road Hotel in Bondi in December 2022.
The complainant, who cannot be identified, testified that Mr Beale groped her buttocks, forced her to perform oral sex in a toilet cubicle and grabbed her by the hips and spun her around.
Defence barrister Margaret Cunneen SC in her closing address on Thursday, said there had been an ongoing disagreement between the complainant and her fiancé, which had not been resolved before the night of the alleged assault.
Ms Cunneen said their relationship had "hit an all-time low" and that she had made the "false" allegation against her client in an attempt to get it "back on track".
"I don't shrink from suggesting that the complainant is a manipulative woman who curated the circumstance of the night to turn the tables" she said.
"To turn herself into a victim and become someone who everyone had to feel sorry for and support.
"A false allegation made to try and change the dynamic in one's own difficult time of life — that is what has happened in this case."
The women previously told the trial, that after allegedly being groped by Mr Beale, she was on her way to the men's bathroom to avoid a queue in the women's toilets.
According to the woman, Mr Beale called her over, grabbing her around the shoulders and saying to her: "I really want to f*** you," before he allegedly followed her into the toilets.
But Ms Cunneen said "thank goodness for the CCTV", which she said showed the complainant was instead the one that followed Mr Beale into the toilets.
"If it was the old days or the CCTV hadn't been working… we would probably have set in stone the false account that he followed her into the toilets," she said.
"She was in full control of the situation."
Earlier on Thursday, Crown Prosecutor Jeff Tunks pointed to a recorded phone call between Mr Beale and the complainant, at least a month after the night of the alleged incident.
He said it proved the former Wallaby had a "guilty conscience".
The trial heard that when the woman confronted Mr Beale with the allegations over the phone, he apologised repeatedly and claimed that he "misjudged the situation".
Mr Tunks argued that Mr Beale responded "without seeking clarification" and made "direct admissions to specific acts".
"His tone is not aggressive… you might think he sounds contrite," Mr Tunks said.
"You might think, that generally he reflects and seems to be aware of the gravity of the situation when she calls," Mr Tunks said.
Mr Tunks said Mr Beale's claim that he "seriously misjudged the situation" after the woman had allegedly said no multiple times, might prove that he acted recklessly.
"He failed to consider whether she was consenting at all and went ahead anyway," he said.
Ms Cunneen argued that her client's response was not an admission to sexual assault, telling the jury "if you're looking for a guilty conscious of course you'll find it".
"A guilty conscience about something done that's not ideal in marriage is nothing to do with a guilty mind for a serious criminal offence."
The trial before Judge Graham Turnbull continues.