A lady who has accused former Wallabies participant Kurtley Beale of sexual assault wrote herself notes that the aim of a secretly-recorded cellphone name to him was to “persuade him he’s responsible”, a courtroom has heard.
Mr Beale is on trial within the NSW District Courtroom over allegations he groped the girl and sexually assaulted her at a Bondi Seashore pub in December 2022.
The 35-year-old has pleaded not responsible to at least one rely of sexual activity with out consent and two counts of sexual touching.
On Tuesday, the courtroom heard a cellphone name between the girl and Mr Beale, which was recorded by NSW Police, about one month after the evening they met on the Seashore Highway Resort.
Within the name, which was performed to the jury, she raised the allegations and questions what made him suppose she was “eager” as a result of she “saved saying no”.
Throughout her proof, the complainant has alleged Mr Beale compelled oral intercourse upon her in a cubicle of the male bogs of the pub and, earlier within the evening, groped her buttocks whereas her fiance was close by.
Throughout cross-examination as we speak, Mr Beale’s defence counsel Margaret Cunneen SC raised 5 pages of handwritten notes, which the complainant had close to her on the time of the decision.
Confession would have prevented authorized battle, courtroom hears
Beneath an underlined heading of “objective of name”, the notes stated: “Persuade him he’s responsible and never harmless”.
The complainant agreed she wrote the notes.
“Your intention, I recommend to you, was to speak him into pondering he’d finished one thing unsuitable,” Ms Cunneen put to the witness.
“I disagree,” she replied.
“Discuss him into pondering that he is finished one thing legal,” Ms Cunneen stated.
“I disagree,” the complainant replied.
The notes additionally stated “he will likely be higher off if he confesses”.
Ms Cunneen requested how Mr Beale would have been “higher off”.
“As a result of it will have saved us all having to return right here and do all of this,” the complainant replied.
Ms Cunneen: “So that you meant that it will be higher for you if he simply pleaded responsible?”
Complainant: “I feel it will have been higher for everybody.”
Ms Cunneen: “And did not have your allegation examined in a courtroom?”
Complainant: “I wasn’t nervous about having to check my allegation, as a result of it is true.”
The courtroom heard the notes stated “act pleasant and regular, I do know you, I do not need to make a giant deal out of this, however I need to put it behind me, I am positive we’ll see one another once more”.
Courtroom hears Beale apologise to girl on cellphone
Ms Cunneen put to the complainant that she had, by that stage, already gone to the police and made legal allegations “of a most critical variety”, prompting the witness to dispute that her claims weren’t “allegations” however “the reality”.
Choose Graham Turnbull reminded jurors that the accused is presumed harmless and that it was for the Crown to run the case, not for a witness to advocate in relation to the case.
Through the name, Mr Beale instructed the complainant he might have “misjudged the entire situation” and apologised a number of instances.
Ms Cunneen final week stated the decision contained no concession from Mr Beale that he believed at any time that the girl was not consenting.
She has instructed the jury that the exercise in the bathroom was initiated by the complainant and concerned no power.
The trial continues.
