The woman who has alleged she was sexually assaulted by Jack de Belin has been accused of inconsistencies in key parts of her initial police interview.
Mr de Belin, 29, and Callan Sinclair, 23, are standing trial in Wollongong’s District Court where they have pleaded not guilty to five counts of aggravated sexual assault.
The pair have claimed that the woman consented to sex in the North Wollongong apartment after drinking during a pub crawl in the early hours of December 9, 2018.
Mr de Belin’s barrister David Campbell SC has questioned why a junior Detective did not disclose to the department of public prosecutions what he claimed were inconsistencies between her police interview and other evidence collected by the strike force assembled to investigate the alleged incident.
Mr Campbell suggested to Detective Benjamin Sutton that the woman made several claims in her initial police interview, on the afternoon of December 9, which did not marry up to other evidence.
Jack de Belin has pleaded not guilty to the sexual assault of a 19-year-old woman. Picture: NCA NewsWire / Simon Bullard.Source:News Corp Australia
The woman, during her evidence, told the court that Mr de Belin had taken her top off before the alleged assault.
However Mr Campbell said that during her interview that she told the officer in charge of the investigation that Mr de Belin had attempted to take her top off however she grabbed her clothing to prevent it being taken off before being pushed onto the bed.
“I do remember something along those lines,” Det Sutton said.
Det Sutton said that had he noticed there were inconsistencies that he would have reported it to his senior officer.
Mr Campbell also said that during that first interview, the complainant had said Mr de Belin forced her shorts off with the assistance of Mr Sinclair.
However the woman said during her evidence that it was Mr de Belin alone who took her shorts off.
Det Sutton said he could not recall her making such a claim.
Mr Campbell also claimed that during her interview with police on the Sunday afternoon, that the woman had said something about seeing a housemate in the townhouse during the alleged sexual assault.
While giving evidence, she strongly denied seeing a person standing in the bedroom doorway prior to the alleged assault.
Her claims about how she was duped into coming with the two men to the apartment were also brought into question.
After dancing and drinking with a group of men, which included Mr de Belin and Mr Sinclair, at the Mr Crown nightclub, she said that they agreed to move onto the nearby Fever club.
Callan Sinclair has denied sexually assaulting a woman alongside Jack de Belin. Picture: NCA NewsWire / Simon Bullard.Source:News Corp Australia
She said that during a tuktuk ride, Mr de Belin offered the driver $50 to make a sudden turn and directed him towards the Gipps St apartment, which was occupied by his cousin.
The alleged victim said that the two men told her they were going to stop off because they needed to charge their phones.
However Mr Campbell said that: “You heard the complainant during the afternoon on Sunday say that Mr de Belin and Mr Sinclair asked the rider to take them to Gipps Street as they needed to get changed before continuing to the new nightclub.”
“I can’t recall the exact statement,” Det Sutton said.
“Yet in her statement she said that they said they needed to charge their phones,” Mr Campbell said.
“To be honest I haven’t read her statement in years, so I can’t recall,” Det Sutton said.
The trial before Andrew Haesler continues.
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