Match in DNA of accused
DNA matching the accused in a rape trial was found in his alleged victim’s underpants, the defence has conceded.
Simon Ronald Thomas Downing is on trial in Townsville District Court, accused of raping a woman at the Trebonne Hotel, west of Ingham, on December 17, 2012.
Crown prosecutor Dominique Orr said the woman woke to someone performing oral sex on her.
The court was told the complainant told then Ingham detective Senior Constable Shane Stibbard that she felt fingers inside her vagina and saw a male person masturbating.
Ms Orr said the woman kicked out at the man, who fled the room.
Downing’s defence barrister Scott Geeves elected not to contest any of the prosecution’s DNA evidence.
“Samples were taken from the front right- hand and front left- hand of the seam area of the underpants,” Ms Orr said.
“Following forensic testing of the samples … a DNA profile matching that of the defendant was found on those samples.”
Ms Orr said further testing to areas of the underpants indicated the possible presence of saliva.
Samples taken from the inside of the underpants returned only the victim’s DNA.
However, areas on the outside of the underpants also tested positive for saliva but the samples were deemed unsuitable.
Ms Orr provided 11 admissions ( facts agreed on by both defence and prosecution) to the jurors, including that the accused and complainant were staying at the same hotel.
Darryl Fabian Marshall, a colleague of Downing’s, said the two had spoken to the woman and her friend on the balcony before he went to bed.
He said he next saw Downing between 1am and 2am when he used a bathroom and saw him watching TV.
Mr Marshall said Downing “talked down” the women and implied they did not respond to his advances, when the pair were working the next day.
“He was saying one thing that stuck in my mind,” Mr Marshall said.
“He said they must have been a pair of lesbians.
“He was carrying on weren’t friendly to him.”
Mr Geeves asked Mr Marshall if he had taken drugs on that night.
Mr Marshall said he had not but Mr Geeves pointed out that at a previous trial, the witness had admitted to smoking a joint.
The prosecution has closed their case with the defence to present to the court today. that they