A MAN accused of raping at knifepoint a fellow resident of a sex offenders’ transitional facility, allegedly told the victim the weapon was his “persuader”, a jury has heard.
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David Byrnes, 29, is standing trial for allegedly raping his elderly neighbour four times at a regional correction facility, which houses released offenders considered at risk of reoffending, from February to March 2014.
Byrnes, also charged with two counts of attempted rape, one assault with intent to rape and one indecent assault, allegedly coerced the resident into sex, on one occasion threatening: “I’ve got a lot of friends in this place.”
The jury at the County Court in Ballarat heard Byrnes, after being refused sex by the victim on March 1, 2014, allegedly brandished a 20-centimetre kitchen knife, saying: “This is my persuader. I’ve stabbed other people before. I’ve put a hood on and robbed from people here before. Stand up and come into the bedroom.”
Crown prosecutor Cecily Hollingworth told the jury the victim felt like he had no choice throughout the series of alleged assaults, and submitted to Byrnes’ demands.
Specialist case worker Rohan May on Tuesday told the jury he saw an irate Byrnes near the verandah of his unit on March 2, complaining about the victim listening in on his phone calls.
“If nothing’s done about it, I know the Bandidos, they will do something about it. They will cave his head in,” Byrnes allegedly said.
Senior Constable Jamie Bennett was present during Byrnes’ arrest on March 3 and he told the jury Byrnes said the sex was consensual and the victim paid him with prescription medication and a stereo.
A witness on Tuesday became increasingly agitated while being cross-examined by defence barrister Christopher Farrington.
The witness maintained he had never seen Byrnes take the victim’s medication and began swearing at the defence counsel before leaving the witness box.
The trial before Judge Michael McInerney continues.
