A young woman who says she was gang raped after a night out at Mooseheads took off her engagement ring and approached her alleged attackers in an attempt to "pick up", a barrister has suggested.
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In an ACT Supreme Court trial ongoing since Tuesday, Steven Whybrow is representing Josefa Navunisinu Masivesi. The 45-year-old is accused of raping a young woman in the early hours of November 3 last year, along with co-accused Simon Vunilagi, 22-year-old Isimeli Ilimeleki Natuwawa Vatanitawake, and 25-year-old Ratu Jone Pio Macanawai.
In the trial thus far, Mr Whybrow and other barristers have pointed out a number of inconsistencies between what the woman told police had happened at Mooseheads when she met the men, and what CCTV shows actually happened there.
My Whybrow said the woman told officers she was wearing her engagement ring when she was pulled towards the group's table at the club, but footage shows her approaching the table of her own volition; and, later, without the ring on her left ring finger.
The barrister said on Friday: "Are you denying things because you don't remember them, or are you denying things because you don't like to admit you may have done [them]?"
"It's possible you approached these boys wanting to pick up."
The woman said: "I must have moved [the ring] and put it on another finger."
He debunked the woman's repeated claims she did not spray her perfume on Mr Vatanitawake, who she kissed downstairs, and foiled her prior statement the group was force-feeding her drinks.
"You weren't trying to give the impression to police that you were absolutely blotto, drunk ... too intoxicated to take responsibility for your own actions?" Mr Whybrow said.
"[They're] important things you got wrong, I suggest ... [they] included you being dragged, effectively against your will, into a taxi."
The woman now says she has little recollection of what happened at Mooseheads on November 3.
Mr Whybrow suggested to the woman that she was prone to having "false memories", and those could extend into her recollection of what happened at Mr Masivesi's Downer unit.
The woman says the group travelled to the residence after Mooseheads. 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.
"Can you explain to Her Honour [Chief Justice Helen Murrell] how you can be sure about that?" Mr Whybrow said.
"You've got no way of telling which [memories] might be false ones and which ones might be real ones at the moment."
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The woman told the court she was more intoxicated at Mooseheads than she was when the group got to the unit, but Mr Whybrow said she'd had little to drink in the while beforehand.
He said she'd had a false memory only minutes before the alleged gang rape, given she'd forgotten she paid the taxi driver for the ride from Mooseheads.
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.
