Jurors in the trial of a rape-accused high-profile man have been urged to reject a claim the alleged victim invented the allegations in an effort to “get money from the accused man”.
The well-known Melbourne business figure, who cannot be named due to a suppression order, is facing trial after pleading not guilty to two counts of rape and one count of sexual assault.
Prosecutors allege he raped the woman in 2023 after a night spent drinking and using cocaine.
It’s alleged the woman punched the man in his face and called him a “f–king rapist”, with him responding: “It’s not rape, I was using my fingers.”
The accused man’s defence, led by barrister Dermot Dann KC, have argued the alleged events did not happen and the woman had a motive to lie.
Beginning his closing address to the jury on Wednesday, prosecutor Matthew Fisher conceded there were gaps, differences and inconsistencies in the woman’s evidence.
“The central issue in this trial is did the accused man do the things that (the woman) alleged he did to her in his bedroom?” he said.
“Not once did she waver from the alleged sexual offending … She’s been consistent and adamant throughout this that this is what he did to her in that room on that night.”
Mr Fisher said he expected the accused man’s defence to argue the woman manufactured the allegations to get money or the accused man in trouble.
But, he said, if this was true, she “could have done a better job”.
Mr Fisher pointed to evidence the woman continued to speak positively about her former boss and messages from the night of the alleged rape to her mother.
This included her saying she did not want to go to the police, “agreed not to tell anyone for the sake of his reputation” and that she liked the man, believed in his vision and believed he was “greater than his actions”.
“This is a case where the defence are going to suggest to you (the woman) has an ulterior motive for making these allegations,” Mr Fisher said.
“That would be the last thing she would be doing if she wanted to make all of this up.”
The prosecutor said it was true that the woman had engaged civil lawyers to pursue compensation but this “does not equate to her lying or making this all up”.
“You should accept her as an honest and genuine witness,” he said.
“And accept my argument the accused man took complete advantage of her when she was alone and isolated in his house affected by alcohol and drugs.”
In response, Mr Dann took aim at the prosecution, saying they’d served up to the jury a “horrible mixture of lies, fabrications, recent inventions and inconsistencies”.
“This case, we say … is a powerful demonstration that there are cases where a complainant, be they male or female, make false allegations, false statements and give false evidence in court,” he said.
The defence barrister took the jury through a series of inconsistencies in the woman’s accounts of the night in messages and to police and the courts, and “demonstratable lies” in her evidence.
These included a note in woman’s phone from the night of the alleged rape that the pair had came to an agreement she wasn’t going to say anything to save his reputation.
Mr Dann said the woman had given evidence there was never this agreement.
Another example the barrister raised was the woman’s explanation for why two other witnesses, a friend of the accused and his wife, had seen her resting her hand on his thigh.
Mr Dann said the woman told the jury the accused man was angry and red in the face and she did it to calm him down.
“That’s just another demonstrably false piece of evidence,” he said, arguing both of the other witnesses denied seeing the man angry or red.
Mr Dann will continue delivering his closing address when the trial resumes on Thursday.