Man, 23, denies rape of woman

A 23-YEAR-OLD Toowoomba man accused of repeatedly raping a woman friend of his girlfriend has pleaded not guilty to three counts of rape and one of indecent assault.

Opening the prosecution case against Mikeal Shayne kodi Albury-Brady, Crown prosecutor Nicole Friedewald told Toowoomba District Court Albury-Brady and the complainant woman had been matched on Tinder but had never met up until her friend started dating him.

The complainant woman had gone to her friend’s Toowoomba home on Sunday, September 27, last year, for drinks and she later told police she had drunk six cans of rum and cola over the night but was not drunk.

She went home about 1.30am, but when she heard noises outside, she had tried to contact her friend but got Albury-Brady who said he and his girlfriend would come over.

However, Albury-Brady arrived alone, she said.

The complainant woman had asked him to sit beside her bed until she fell asleep and then to let himself out, Ms Friedewald said.

He had then moved to the bottom of the bed under the doona and she had thought he would remain there.

However, she claimed he had then got on top of her, grabbed her by the throat, pulled down her underwear and had sex with her despite her protesting “No”, Ms Friedewald said.

The woman claimed Albury-Brady had then performed oral sex on her, forced his penis into her mouth and sexually assaulted her with his fingers before again having penile sex with her.

Ms Friedewald said the woman had called an Uber for Albury-Brady so he would leave the house and then she made a number of calls to friends.

The complainant saw a doctor later that day who found bruising and swelling on her, and she had a sex kit examination done at Toowoomba Hospital, she said.

Ms Friedewald said DNA taken from swabs of the woman was matched to the defendant.

The real issue of the trial would be consent, she told the jury.

“She will tell you she did not consent and had made that clear to him,” Ms Friedewald submitted.

Much of the first day of the trial was closed to the public while the 23-year-old complainant woman gave evidence.

The jury would hear from a number of witnesses including those present with the complainant during that day, she said.

The trial before Chief Judge Brian Devereaux SC continues.