DNA puzzle in rape trial

JANESSA EKERT

She says that as the pair were walking together he pushed her from her bike and raped her on the ground.

Mr Maruko pleaded not guilty earlier this week to four counts of rape.

The married man told police that he tried to kiss and touch the woman and tried to insert his penis but couldn’t.

“I can’t really remember what happened but I think I was on top of her,” he had told officers via an interpreter.

The court was told that semen was found in the woman’s underwear but the DNA did not match that of Mr Maruko.

Crown prosecutor Gelma Meoli said that CCTV footage, played for the jury, showed Mr Maruko dragging or pushing the woman.

“I suggest you will believe what she has told you,” Ms Meoli said to the jury.

However, defence barrister Craig Eberhardt said five people walked right past where this was happening and didn’t “react at all” because it wasn’t rape.

“It’s not unknown ... for people who are intoxicated to engage in risky public sexual behaviour and it’s not unknown for people often to regret those encounters either part way through or shortly thereafter,” Mr Eberhardt said.

Mr Eberhardt told the jury that Mr Maruko’s gross intoxication could explain his poor behaviour.

“He let his wife down, he let his child down, he left himself down,” Mr Eberhardt said.

“But that doesn’t mean that he raped this woman.”

The trial continues on Monday.