A barrister has questioned why a young woman allegedly gang raped at a dingy Downer unit didn't call police for help and, instead, messaged a friend knowing she didn't have phone credit.
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Four men are on trial in the ACT Supreme Court accused of being the young woman's attackers: former rugby union player Simon Vunilagi, 45-year-old Josefa Navunisinu Masivesi, 22-year-old Isimeli Ilimeleki Natuwawa Vatanitawake, and 25-year-old Ratu Jone Pio Macanawai.
Prosecutors say Mr Vunilagi was the group's ringleader. He has pleaded not guilty to 11 charges - 10 of them rape - while the rest of the men have also been charged with the offence.
On Thursday, Mr Vunilagi's barrister Katrina Musgrove interrogated the alleged victim on the witness stand. She pointed to a number of inconsistencies between what CCTV shows happened at Mooseheads on the night of the alleged attack, and what the young woman told police had happened.
Ms Mugrove put to the woman that she said, "I remember [Mr Vunilagi] grabbing me and I just ... didn't want him touching me", when in fact the woman made no attempt to get away from the former rugby player while they were interlocked at the club in the early hours of November 3 last year.
Ms Musgrove said the woman had kissed Mr Vunilagi willingly - a proposition the alleged victim agreed with on Wednesday. She told the court: "In the footage, yes, it does seem that way."
Ms Musgrove said the young woman had approached the group of men of her own volition, and later kissed and hugged Mr Vunilagi's co-accused, Mr Vatanitawake, in the same way.
"[But you told police, 'Mr Vatanitawake] just, like, took me and, like, ripped me from [Mr Vunilagi's] grip and took me downstairs'," Ms Musgrove said.
"You have taken [Mr Vatanitawake] by the right arm and you have led him into the ladies' bathroom."
The alleged victim now says she has no recollection of what happened at Mooseheads, but remembers getting into a cab with three of the men and going back to Mr Masivesi's Northbourne Avenue unit.
It's there she says Mr Vunilagi raped her first on a stained, bare mattress in a messy bedroom, before Mr Vatanitawake, Mr Macanawai, and Mr Masivesi did too.
The alleged victim has described feeling like she was being held hostage at the Downer unit, and says she only escaped after hours of being assaulted.
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The court has heard the woman tried to send a message to a friend about 7.15am on November 3, which said "please help me", but it didn't go through because she was out of phone credit and data.
On Thursday, Ms Musgrove questioned why the young woman didn't call police instead. "You don't need credit to call triple zero," she said.
The alleged victim responded: "Getting the police involved was the last thing I thought about ... I just wanted to get home."
The trial continues.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
