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Trio face Ballarat rape charges

01 Sep, 2010 09:59 AM
THREE men charged with rape had group sex with a Ballarat university student following a night out at a Mair Street bar, a court has heard.

Brothers, Charles Anthony Smith, of Ballarat North, and

Matthew Benjamin Smith, of Point Cook, both 21, and coaccused Bennet Crouch, 22, of Wendouree, yesterday appeared in the County Court at Ballarat charged with raping the 20-year-old Chinese woman in June last year.

Charles Smith and Crouch face nine counts of rape and three of indecent assault, while Matthew Smith faces six counts of rape and two counts of indecent assault.

All three have pleaded not guilty to all charges.

Crown prosecutor David Cordy told the jury of four women and eight men the victim arrived in Australia from China in March last year to study in Ballarat.

At the time of the alleged rape she was living with another female student.

He said on the night of the incident the victim and her

flatmate had been driven by a friend to Side by Side Bar in Mair Street at 10.30pm.

At the bar the victim was approached by Charles Smith, who danced with her and offered to buy her a drink.

‘‘At some point Charles Smith was seen kissing her on the dancefloor,’’ Mr Cordy said.

Around 1am the victim agreed to go back to Charles Smith’s place, leaving the bar with him, Matthew Smith and Bennet Crouch, Mr Cordy said.

At Charles Smith’s home the victim went upstairs with him to his bedroom and consensual sexual intercourse

took place, he said.

Mr Cordy said at this point Crouch entered the bedroom and the alleged offending began, with both men involved. Shortly after Matthew Smith came into the bedroom and allegedly also took part in the offending, he

said.

Barrister Phillip Priest QC, defence counsel for Charles Smith, told the court the victim had been an enthusiastic

participant in group sex and had ‘‘woven lies into the fabric of the truth’’.

‘‘She is a liar — she lied to Charles Smith, she lied to his friends and if she gives evidence she is about to lie to you,’’ Mr Priest told the jury.

‘‘Charles Smith is an ordinary young lad who has been charged with extraordinary crimes,’’ he said.

Defence barrister Michael Croucher told the court his client, Crouch, agreed sex occurred and believed the victim was a consenting participant.

In his interview with police Matthew Smith had given a clear and convincing recollection of what occurred on the night, defence barrister Jane Dixon said.

Yesterday afternoon the victim gave evidence to a closed court. The trial continues today.

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An artist's impression of the trio in court yesterday. Picture: Edward Coleridge
An artist's impression of the trio in court yesterday. Picture: Edward Coleridge

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