Man denies lying about de Belin comment

Margaret Scheikowski
·3-min read

A teacher has told a jury he went to Jack de Belin's lawyers, not the police or prosecutors, to reveal what he really saw and heard near the bedroom where a woman says she was raped.

The 29-year-old NRL star and his 23-year-old friend Callan Sinclair have pleaded not guilty to the aggravated sexual assault of a 19-year-old woman they met in a Wollongong bar in December 2018.

They say their sexual contact with her in a North Wollongong unit was consensual.

Troy Martin on Thursday told the Wollongong District Court jury of looking into the bedroom and seeing a naked de Belin and a clothed Sinclair standing while a naked woman on the bed asked "who's that?".

The door closed and after he went to the bathroom de Belin came in and said: "Sorry mate, just borrowing your house, didn"t realise anyone was home".

Mr Martin said he lied when he told police that sometime during the night he heard sounds which seemed to come from outside before he went back to sleep and woke up around 7am.

Prosecutor David Scully on Friday asked Mr Martin, who lived in the unit with de Belin's cousin, about a statutory declaration he signed in October 2019.

This contradicted his police statement and said he saw the trio and spoke to the St George Illawarra player in the bathroom.

Mr Martin said he came forward with the information to de Belin's lawyers and did not go to the police or director of public prosecutions.

He said he gave the same information to his partner, de Belin's cousin and another man the day after he saw the trio and had the conversation.

"I want to suggest you were standing in the doorway and did see things in that room but once the door was closed Mr de Belin did not exit the room and have a discussion," Mr Scully said.

"I disagree," the witness replied.

Mr Martin agreed he had thought sex was about to take place when he saw the trio but again denied the suggestion that de Belin did not then exit the room and speak to him.

Clinical Associate Professor Ann Ellacott examined the woman at Wollongong Hospital's sexual assault unit on the day of the alleged attack.

She said the woman's history included leaving a club with two men before being sexually assaulted by them in an apartment, during which hands were around her neck at different times.

She also said she was given $50 to "keep her mouth closed".

Dr Ellacott reported seeing areas of mild tenderness and redness on her chest below her neck, a graze on her right shoulder and a bruise on the right side of her neck.

She had no visible injuries to her genital region.

Dr Ellacott said such injuries are seen in the minority of sexual assaults

She agreed redness to the chest can be caused by many circumstances, including friction, sunburn and poor-fitting clothes.

The trial continues.