The sister of a man accused of raping a woman at gun point in Redan two years ago has told a jury her brother did not have a gun on the night of the incident.
Prosecution witness, Nikita Morse, gave evidence at the County Court in Ballarat on Thursday in the trial of her brother, Nicholas Morse.
He is accused of raping a 25-year-old woman at gun point at his Redan house after he allegedly touched her breasts and buttocks through her clothing while thrusting against her, on July 15, 2017.
Ms Morse told the jury during her examination-in-chief she believed the complainant was trying to hook up with her brother.
She said she saw Morse touch the woman's breasts but did not see him touch her buttocks or thrust against her.
Ms Morse said another male at the house put his hands around the woman to touch her breasts but she turned away and said "no".
The male then said to the woman "you let him (Morse) touch them", Ms Morse said.
She told the jury she was in the garage when she saw the woman and Morse kiss in the kitchen, but did not recall seeing them move into the bathroom.
When Crown prosecutor Gary Hevey put to Ms Morse her brother brought out a sawn-off shotgun, she said "I didn't witness the gun come out that night" or see it against the complainant's rib cage.
Police have alleged Morse pushed the barrel of a gun into the woman's rib cage and led her into the bathroom to rape her.
When asked if the three men at the house, including Morse, were swearing and making vile comments to the complainant, Ms Morse said she could not recall.
But Mr Hevey said the witness was not telling the truth in order to protect her brother.
"This memory of seeing them kissing is selective memory in order to help your brother in this trial," Mr Hevey said.
Ms Morse denied the prosecutor's suggestion, telling the court she was telling the truth.
The complainant's former partner and mother told the jury on Thursday they spoke to the woman on the phone after the alleged incident.
"She sounded really bad. She didn't give much detail but sounded really bad something had happened," the woman's former partner said.
He said he drove to his former partner's house the next day and he saw bruises shaped like fingernails on her inner thighs before they had sex.
Afterwards, the woman told him a man had had sex with her and she appeared shocked and confused, the former partner said.
The complainant's mother said her daughter was shaking, petrified and scared when she saw her the Monday after the alleged incident.
She said she followed her into the toilet, saw bruises between her legs and asked her to tell her the truth, to which she replied, "What do you think Mum?".
Morse has pleaded not guilty to five charges including two counts of sexual assault and one count of rape.
He has admitted four weapons charges including being a non-prohibited person possessing a handgun, dealing with a sawn-off shot gun suspected to be the proceeds of crime, and possessing knuckle dusters and cartridge ammunition.
The trial will continue on Friday when Ms Morse will be cross-examined.
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