Wednesday, March 12, 2014

Woman tells Canberra court of alleged rape ordeal - The Canberra Times


Two Canberra men rigged a drinking game before allegedly raping a heavily intoxicated woman at a Red Hill home, a court has heard.


The pair then allegedly stepped over the woman, who was vomiting and crying hysterically, to reach the shower.


Michael Morris, 22, of Red Hill, and Matthew Holloway, 22, of Bonython, are facing charges of sexual intercourse without consent and committing acts of indecency on the woman while she was drunk and unable to move on Morris' bed in March 2012.


They have pleaded not guilty, saying the sex was consensual.


Morris has, however, pleaded guilty to committing an act of indecency by filming the sex on his laptop, which he deleted almost immediately.


The pair's trial opened in the ACT Supreme Court on Wednesday - two years to the day since the alleged offences.


The woman first met Morris while they were walking their dogs at Flinders Park, in Red Hill.


The woman, from the witness box, said she became ''interested'' in Morris, who she thought was ''cute''.


They chatted on social media and by text message and agreed to meet on a night during the Canberra Day long weekend.


She met the two men at the oval about 3.25am on March 12 and the trio drove to Morris' nearby home.


They went to Morris' bedroom and agreed to play blackjack as a drinking game, with the loser to take a swig from a bottle of vodka.


She said she was told to drink on behalf of Holloway as well, as he was the designated driver.


She told the court she began to feel the effects of the alcohol after about 20 minutes.


''I was no longer able to calculate my cards … to count my numbers,'' she said.


''The boys started to count for me.


''The boys began to pick out cards that would make my number over 21, so I would have to drink.''


She said she began to feel unwell, lost control of her body, and fell off the bed.


The woman told the court she remembered Morris dragging her onto the bed.


She blacked out and her next memory was realising she was naked on her back on the bed.


''I was very intoxicated. I only had the ability to move my head,'' she said.


The two defendants were also naked, with Holloway holding her legs and Morris kneeling next to her face, the court heard.


Morris said ''it's a package deal'' and that he wanted to have a threesome, she said.


The two men then had repeatedly raped her, she said.


The woman told the court she said nothing and did not resist other than to turn her head away as she had been ''frightened they might hurt me''.


Jurors heard the woman then stumbled and crawled into the bathroom where she was ''violently ill … vomiting all over the floor and myself''.


The two men allegedly walked around and over her to the shower.


At one point, Holloway allegedly stood over her as she cried and said: ''Was it really that bad?''


Earlier in the day, in his opening submission, Morris' barrister, Jack Pappas, warned jurors that everything they would hear during the trial ''ain't necessarily so''.


James Sabharwal, Holloway's defence counsel, reminded jurors the trial was being held in a court of law, not a court of morals or sexual behaviour.


He asked them to keep an open mind until they had heard all the evidence.


The trial, before Chief Justice Helen Murrell, continues on Thursday.



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