He mentioned she mentioned, “Cease, individuals can see” and reminded Beale her companion was close by.
Loading
“The accused mentioned to her phrases of the impact ‘Let’s discover a nook’, to which she replied, ‘Don’t be foolish, I’m going to the toilet,’” the prosecutor mentioned.
He mentioned at about 12.09am, Beale entered the bogs, adopted by the girl.
Tunks mentioned the girl pushed open a cubicle door and Beale “adopted her in and closed the door”. He mentioned the complainant was “busting to go to the bathroom” and did so.
The prosecutor alleged Beale mentioned he wished to “f—” the girl, and she or he responded that she couldn’t. Tunks mentioned Beale requested her to carry out oral intercourse, she mentioned she “didn’t need to”, and he “pleaded together with her or requested her” once more.
Beale then allegedly grabbed the girl’s head and compelled fellatio, earlier than she pulled away.
As the girl stood up, Beale is accused of putting his arms on her hips and swinging her round, then pushing her physique downwards. He allegedly mentioned, “come on, let’s f—” and she or he once more communicated “that she didn’t need to” and left the cubicle, the prosecutor mentioned.
Tunks mentioned the regulation in NSW is that an individual consents in the event that they “freely and voluntarily agree” to the sexual exercise or intercourse, and “an individual can’t presume that one other particular person in consenting”.
“When contemplating his data or recklessness, you don’t take note of his diploma of intoxication,” he advised the jury.
Beale’s barrister Margaret Cunneen, SC, mentioned what occurred “was not solely totally consensual, however in actual fact … instigated by [the woman]“.
“The defence case is that the complainant did consent and positively Mr Beale all the time genuinely believed that she was,” she mentioned. “Particularly within the circumstances … having set in movement this furtive dashing to the boys’s bogs.”
Cunneen mentioned the girl reached over and undid Beale’s zipper and “there was no power, there was solely mutual settlement”.
She mentioned one other man within the rest room will testify he had heard no misery or protestation. She mentioned Beale didn’t seize the girl’s hips or flip her round, and she or he as a substitute invited him to affix her and her companion for a drink, with the CCTV exhibiting she hugged him twice within the bar earlier than parting methods.
Cunneen requested the jury to contemplate whether or not the complainant had lied, exaggerated, embellished or “modified her thoughts about what actually occurred”. She famous Beale was a married man, however that it was not a “ethical tribunal”.
The jury might be proven CCTV from the evening and listen to a variety of cellphone calls recorded by police, together with the complainant confronting Beale with the allegations on January 19, 2023. The courtroom heard Beale was arrested the following day.
The trial continues earlier than Decide Graham Turnbull.
Get alerts on breaking information as occurs. Join our Breaking Information Alert.
