Jury out in Henchman bartender rape trial
THE fate of a Gold Coast bar worker accused of raping a customer at his home rests with a jury, which was sent out to deliberate on day four of the trial.
The Henchman employee Jared Ian Fairall allegedly raped a woman at his apartment near the Miami bar on February 1, 2020, after meeting her at work.
He pleaded not guilty to one charge of rape on the first day of his trial in Southport District Court this week.
Thursday’s proceedings centred on closing arguments from both the prosecution and defence counsel – each party’s final chance to address the jury before deliberations.
The court heard Mr Fairall accepted he had penetrated the alleged victim during their brief sexual encounter, but maintained he had stopped as soon as the woman withdrew consent.
Crown prosecutor Ben Scarrabelotti told jurors they should remember Mr Fairall had denied any penetration twice in his initial recorded police interview.
He claimed that the same audio recording – the only evidence heard from the 34-year-old during the trial – showed Mr Fairall was “casual” and “chauvinistic” in dealing with the authorities.
“He was putting (the woman)
down, trying to diminish her … telling them she was acting like a ‘f**king idiot’, like a ‘f**king schoolgirl’, who was ‘literally throwing herself at him’,” Mr Scarrabelotti said.
“He denied penetrating (the alleged victim) because he knew he was guilty of raping her – there just isn’t any other sensible explanation, in the Crown’s submission.”
Mr Scarrabelotti said the jury should consider the alleged victim a reliable and honest witness, and attribute any gaps in her memory to her distressed emotional state at the time.
“She was plain about the fact that she was interested in Mr Fairall to begin with, (and) she was open about the fact she went to Mr Fairall’s house where they kissed and he touched her breast consensually,” he said.
“Just because she consented to one thing, (it) doesn’t necessarily mean she consented to the next.”
Defence barrister Chris Wilson argued the evidence heard throughout the trial was more logically explained by a scenario in which Mr Fairall stopped sexual intercourse as soon as the woman withdrew consent.
He told the jury witness evidence and CCTV footage played to the court earlier this week depicted the alleged victim showing a clear interest in Mr Fairall, and contended her later emotional distress was anger at her treatment, rather than trauma after being raped.
“She probably wanted something a little more subtle and nuanced, spending time,” Mr Wilson said.
“He just rushed straight at it. Bit of a kiss, bit of a cuddle, bit of a fondle – go.
“That would certainly leave a woman feeling violated, you might think, particularly if it had been so clumsy as the clothes remained on and there were some injuries.”
Mr Wilson claimed the woman’s evidence was also inconsistent with other testimony given during the trial, including text messages from another employee at The Henchman to Mr Fairall saying she spent up to 15 minutes demanding to see him after the alleged assault.
He also told the jury to remember that regardless of whether or not they “liked” his client’s general treatment of the woman, there was a “very big difference” between morally wrong and rape.
The jury was yet to reach a verdict at the time of print.
Deliberations are expected to continue on Friday.