The jury retired at 11.50am after Judge Paul Lacava gave his direction in the trial where Wayne Jeffrey Smith is charged with the sexual assault and rape of a teenage girl at Dereel on May 6 last year. 

Smith is also charged with making threats to kill, attempting to intimidate a witness and attempting to pervert the course of justice. 

Debra Yvonne Warren is also charged with attempting to pervert the course of justice by attempting to dissuade a witness from giving evidence and attempting to intimidate a witness.

In giving his instructions to the jury, Judge Lacava said they must “consider all the evidence in the case, use what you believe is true” and put any witness testimony they believed was false to one side. 

He said the jury must judge the credibility and reliability of the six witnesses in relation to the intimidation and perversion of justice charges, saying it was for them “to consider if the witnesses told the truth ... there is no special skill involved – you just have to use your common sense.”

Judge Lacava said the “prosecution concedes there is some inconsistencies in relation to the witnesses” giving evidence for the charges of alleged intimidation, but the prosecution argues that was “expected for young women” and the major elements of each testimony are similar. 

He told the jury the defence argues “there are inconsistencies because the evidence is a pack of lies”, and defence counsel have stated none of the charges have been proven beyond a reasonable doubt. 

EARLIER: Prosecution and defence barristers have made final submissions in an alleged rape case in the County Court on Monday. 

Wayne Jeffrey Smith is charged with the rape of a teenage girl at Dereel on May 6, 2017.

He is also charged with making threats to kill, attempting to intimidate a witness and attempting to pervert the course of justice. 

Debra Yvonne Warren is also charged with attempting to pervert the course of justice by attempting to dissuade a witness from giving evidence and attempting to intimidate a witness.

It is alleged in June 2017 the pair made arrangements to recruit and pay two people $50 each to intimidate and assault a witness. 

Defence counsel Julien Lowy told the court that the complainant’s “evidence is unclear” surrounding the alleged rape.

Mr Lowy said that you “can’t reason backwards”, and jurors should not rely on witness statements around the alleged intimidation as evidence of Smith’s alleged rape and threat to kill.

Warren’s defence counsel Shane Kennedy said the six witnesses called to give testimony on the charges of attempting to pervert justice had a “huge amount of discrepancies”, while his client did not prevaricate when questioned by police.

But crown prosecutor Andrew Grant told the court the alleged rape was a “very serious and very violent offence”, and the complainant couldn’t recall what Smith was wearing at the time because she was “distressed” and was not focusing on the “more mundane things”. 

The trial will continue on Tuesday when Judge Paul Lacava will give the 12-person jury final directions.