Warning: Distressing details <\/p>\n
A former NSW Police constable accused of raping a 17-year-old girl in a police station while on duty and in uniform allegedly gave the teen and her friend \u201cconfiscated\u201d alcohol months prior, a jury has been told. <\/p>\n
David Robert Blackbourne, 56, pleaded not guilty to two counts of assault with act of indecency, two counts of sexual intercourse without consent, and one count holder of public office misconduct himself.<\/p>\n
The alleged assault occurred over two decades ago in 1998, when Blackbourne was 28, according to the prosecution, in a rural NSW town near the NSW-Victoria Border. <\/p>\n
His trial, which is expected to span over five days, began in the Downing Centre District Court on Monday.<\/p>\n
In their opening address, the prosecution alleged Mr Blackbourne and the teenage girl, who cannot be identified for legal reasons, had met on a few occasions, when the constable had been working on a separate case, and she knew him only as \u201cDave\u201d. <\/p>\n
On one occasion, towards the end of 1998, the Crown alleges, the teenager was walking with her friend when Mr Blackbourne and another unknown police officer offered the pair a lift home, but said they had to first go back to the police station.<\/p>\n
At the police station, the cops then allegedly offered the girls an alcoholic drink that they said had been \u201cconfiscated\u201d by police, the Crown said.<\/p>\n
They were then given a look around the police station and cells before they were dropped home. <\/p>\n
A few months later, Mr Blackbourne alleged picked up the teenager, who had recently turned 17, from a local pub in a marked police car.<\/p>\n
The Crown alleged Mr Blackbourne then put handcuffs on both her wrists and put his tongue in her mouth without consent.<\/p>\n
In October 1998, the complainant will allege she attended the local police station, after they had organised to borrow a police hat to wear as a costume, the prosecution alleges.<\/p>\n
Mr Blackbourne, dressed in his police uniform, said: \u201cyou\u2019re not leaving yet\u201d, It\u2019s then alleged he kissed and put his tongue in her mouth without consent. <\/p>\n
He is then accused of having sexual intercourse with her without consent.<\/p>\n
The alleged victim spoke to Victoria Police about the incident years later in 2016, before NSW Police took over the investigation in November 2021. <\/p>\n
In 2023, Mr Blackbourne was arrested and charged.<\/p>\n
In the defence\u2019s openings, barrister Matthew Johnston SC said they strongly dispute all allegations, and deny Mr Blackbourne ever picked the complainant up, handcuffed her or kissed her, or any sexual intercourse, either with or without consent. <\/p>\n
They do not dispute that Mr Blackbourne was an acting police officer at the time of the alleged incident, however, they strongly dispute the acts of sexual intercourse, or of misconduct. <\/p>\n
The barrister told the jury that the quality and reliability of the evidence may be questioned throughout the trial, given the incident occurred over two decades ago. <\/p>\n
He said the jury must look \u201cvery carefully\u201d at whether the complainant has actual recollections, or whether they were adopted by a phone call years later in 2020 with a police officer. <\/p>\n
Judge Huw Baker SC reminded the jury the onus of proof remains with the Crown to prove the allegations beyond reasonable doubt. <\/p>\n
The trial continues.<\/p>\n