Tempers flared in the Melbourne County Court as the defense attorney for a high-profile man accused of rape likened the prosecution's case to an Australian Football League team trailing by 20 goals. Dermot Dann KC, the lead defense barrister, told the jury that the prosecution's case was 'absolutely horrendous' and had reached a 'point of no return.'
Dann made these statements during his closing address on Wednesday, following the prosecution's closing arguments. The jury, composed of nine women and three men, is expected to soon deliberate on the charges of rape and sexual assault against the man, who cannot be named for legal reasons.
The court heard that the accused allegedly raped a woman in March 2023 after she visited his home, where they consumed cocaine and alcohol. The pair had reportedly gone to watch an AFL game, and witnesses observed the woman placing her hand on the accused man's thigh during the broadcast. Prosecutor Matthew Fisher presented this as a significant piece of evidence, suggesting the woman was attempting to 'pacify' the man who was reportedly upset about a referendum advertisement that appeared during the game.
The defense argued that the complainant's credibility was questionable, citing a prior incident in February 2019 where she was pulled over by police. Evidence presented suggested the complainant was verbally abusive and spat at officers during the traffic stop. The complainant alleged that one of the officers, Sergeant Dave Barlow, made a derogatory comment to her. Barlow denied this, and the prosecution questioned his testimony, comparing him to a performer.
Dann countered by suggesting the prior police encounter demonstrated the complainant's tendency to make false allegations. He also criticized the prosecution for attempting to explain the complainant's inconsistent statements about the alleged sexual offenses, particularly by referring to her as a 'young woman.'
Dann highlighted the testimony of a former friend of the complainant who also worked as a personal assistant for the accused. The defense barrister asserted that this witness was credible and her evidence, if accepted, would mean the complainant was lying. He stated it was his team's duty to 'expose the lies' presented by the complainant, whom he described as an unreliable witness who had changed her story and provided 'demonstrably false evidence.'
The prosecutor, Matthew Fisher, had earlier reminded the jury that the complainant testified to 'loving' cocaine. He also sought to discredit the defense's reliance on the two police officers' testimonies, questioning their conduct and the validity of their accounts.
Throughout the proceedings, tensions were high, leading to heated exchanges at the bar table between Dann and Fisher. Dann characterized Fisher's courtroom demeanor, with his 'arm-waving gestures' and 'pacing around,' as an attempt by an AFL team to salvage a losing game. He described the prosecution's overall case as a 'horrible fabrication of lies' that was 'so off-putting, you'd want to vomit.'
Judge Frank Gucciardo is overseeing the trial and is expected to provide instructions to the jury later on Thursday, after which deliberations will begin. The defense is seeking a not guilty verdict, with Dann telling the jury, 'There'll be no findings of guilt in this case.'