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'He said he was going to kill it or cut it out of me', pregnant woman alleges

A man allegedly punched his pregnant girlfriend in the stomach and told her he was going to "kill it or cut it out" if she wouldn't have an abortion, a court has heard.

But lawyers for Benjamin Paul Day, 38, have accused his former girlfriend of fabricating the allegations of domestic violence to help secure new accommodation for her and her mother.

Mr Day was in a relationship with the woman for about five to seven months, and she became pregnant with his child.

The woman gave evidence at an ACT Magistrates Court hearing on Tuesday, where Mr Day is fighting charges of common assault, assault occasioning actual bodily harm, property damage and resisting arrest. 

She said they began arguing about the future of the child in October last year, while at the home of a friend in Watson.

The woman told prosecutor James Walker that Mr Day had called up a Sydney abortion clinic and tried to make her an appointment.


She told him she wanted to keep the child.

Mr Day, she claimed, came at her with a clenched fist, and she ran to the bathroom, where her mother was on the toilet.

She closed the door and sat in front of it, before calling triple zero and passing the phone to her mother.

Mr Day allegedly forced his way in, punching her mother, before putting his girlfriend in a headlock and punching her in the stomach.

It's alleged he said words to the effect of "I will kill it before you have it".

"He said he was going to kill it or he would cut it out of me," the woman said.

The mother is then said to have shoulder-charged Mr Day, forcing him to let go.

It's alleged he threw both women into the bathtub and tried to punch his girlfriend in the belly again.

Mr Day, the woman said, then told them to get ready and leave the unit with him.

The girlfriend said she was able to escape to a neighbour's home until the police arrived. 

In cross-examination, the woman was questioned over previous allegations of assault that she'd reported to police, who had attended only to find no visible signs of injury.

She was also accused of making up parts of her evidence, which she had never told to police before, and of fabricating the story to help her and her mother secure new accommodation. 

The court heard the woman had a debt to ACT Housing. 

The complainant was also questioned over her failure to make a complaint to police in the past, or to take out a domestic violence order. 

She said she had been too scared and had never been in a relationship like the one with Day before.

The hearing continues before magistrate Peter Morrison in April.