Alleged victim was ‘in shock’

Witness recalls ‘hysterical, hyperventilating’ phone call

A WITNESS in a Cairns sexual assault trial testified that the complainant called her after the alleged incident and was “hysterical, hyperventilating, in shock”.

Francis Lex Deemal, of Hope Vale, is standing trial for two charges of sexual assault and one of assault with intent to commit rape.

He has pleaded not guilty to the charges.

The witness, the complainant’s sister, told Cairns District Court that the complainant was only able to ask where their mother was.

Under cross examination, defence counsel Kelly Goodwin asked the sister if she would have understood if the complainant had used the word sex, rape or assault.

The witness agreed she would have but she did not hear those words.

The prosecution has alleged that on February 13, 2019, Mr Deemal asked the woman to treat him with reiki as he had sores on his legs, and invited her to the Red Cross centre where he was staying.

Mr Deemal and the woman allegedly drove in separate cars to the centre and took the lift to his room.

“He went to the bathroom, and when he came out he had changed,” Crown prosecutor Matt Hancock told the court.

The prosecution alleged Mr Deemal pulled the woman on to the bed and told her not to fight or resist.

He allegedly touched her without her consent and asked her to take her clothes off but she refused.

The prosecution alleged that he called the woman a “stupid white b **** ” after she resisted his attempts.

The complainant’s mother testified the complainant was hysterical after the alleged incident, and had to ask her questions to which she could answer yes or no.

Lead investigator Detective

Sergeant Jet Stapleton told the court that he had gone to Mr Deemal’s home where he disclosed the presence of a brown belt that he said had fallen out of a clothing basket.

He allegedly told Detective Stapleton it was the woman’s belt from the Red Cross accommodation.

The police seized Mr Deemal’s phone and downloaded material from it.

A series of images of a young woman in her underwear were presented as evidence to the court, which Detective Stapleton recognised as images from Mr Deemal’s phone.

He allegedly took photos of the woman as she was putting her clothes back on.

He said the complainant’s underwear had been taken as evidence on the same day as the alleged incident, but DNA samples were not taken from the items until more than a month later.

The trial before His Honour Judge Dean Morzone KC is continuing.