Naked woman asked 'who's that?' jury told

By Margaret Scheikowski
·3-min read

A teacher has told a rape trial of looking into a bedroom and seeing footballers Jack de Belin and Callan Sinclair standing while a naked woman lying on the bed asked "who's that?".

Troy Martin said he then went to the bathroom before the naked de Belin came in and said: "Sorry mate, just borrowing your house, didn"t realise anyone was home".

Mr Martin denied lying to the Wollongong District Court jury about the events saying he had lied in his police statement when he did not mention anything about seeing the trio or having any conversation.

One reason was that he knew de Belin had a partner and "I didn't want to be the one responsible for telling her he was cheating on her".

NRL star De Belin, 29, and his 23-year-old friend have pleaded not guilty to the aggravated sexual assault of a 19-year-old woman after meeting her in a Wollongong bar in December 2018.

They say their sexual contact was consensual.

The woman has testified that she thought the trio was headed to another club before de Belin led the group to a North Wollongong unit where she says she was sexually assaulted.

Giving evidence on Thursday, Mr Martin said he shared the townhouse with de Belin's cousin, who was away that night, and went down the stairs from his room after hearing muffled sounds.

He looked into the bedroom and saw a naked female lying in the middle of the bed, while a fully clothed Sinclair was standing near a desk and a naked de Belin was standing at the foot of the bed.

After the woman asked "who's that"? the door was closed and Mr Martin went to the nearby bathroom where he went to the toilet and got a drink.

De Belin then opened the door and apologised saying he didn't realise anyone was at home.

"He went back into the room and shut the door."

Mr Martin agreed his police statement of December 9, 2018 recorded him saying 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.

He admitted lying to police, but disagreed with the prosector's suggestion that he was lying to the jury about a naked de Belin coming to speak to him in the bathroom after the door was closed.

The complainant has testified that no one came to the door when she was in the bedroom with the men.

Under questioning from De Belin's barrister, David Campbell SC, Mr Martin said he had been shocked and overwhelmed when five police officers came to the unit the next morning, saying a serious offence had been committed on the premises.

After a while, he said he put "two and two together and thought it had something to do with the three people" he had seen in the room..

Police had taken his phone which was later dropped off at the primary school where he worked, which made him nervous.

He agreed with Mr Campbell's suggestion that he completely regretted not telling the police the truth, but he provided a statutory declaration in October 2019 which did set out what happened.

The trial continues.