De Belin told co-accused 'we are on here'

Luke Costin
·3-min read

NRL and State of Origin star Jack de Belin says a woman accusing him of rape in fact winked and smiled at him when he proposed a secret threesome at a nightclub.

During a full day in the witness box at his NSW District Court trial, the St George Illawarra forward repeatedly denied fabricating his account of what occurred after meeting the then-teenager on the dancefloor of Wollongong's Mr Crown bar in December 2018.

Having received a hug from her and noticed her flirting with his mate Callan Sinclair, he pulled the other man aside and said something like "I think we're on here".

"I went to her and said 'Me, you and Cal?' and she responded 'You have a girlfriend'," the footballer told a jury on Thursday.

"(I said) 'I can keep a secret if you can' and, at that point, she winked and smiled."

He insisted the later sex with the woman, then 19, and Sinclair, then 21, in a North Wollongong unit was consensual and "all had a say" in each act.

The 29-year-old - who along with Sinclair has pleaded not guilty to multiple charges of aggravated sexual assault - described seeing Mr Sinclair and the woman kissing in the bedroom and then starting to kiss the woman too.

The men were "complimenting her on her breasts" before she took her top off and she helped de Belin take off her pants, the jury heard.

Shortly thereafter, de Belin began performing oral sex and recalled her uttering "yes".

"It was just natural sex that she was enjoying," he said.

The trio changed positions several times during the sexual encounter, de Belin said, with a discussion occurring each time along the lines of "keen to swap", "change-up" or "my turn now".

He didn't recall what the woman said, but testified it would have been similar.

"The fact is she had no say in any of this, did she?" crown prosecutor David Scully asked.

"That's not right," de Belin replied.

Mr Scully also put to the footballer that there was "no suggestion to the (woman) before you went back to the unit that you were going there for a threesome".

"Yes, there was," he replied.

The Dragons player denied "making up" parts of his version of events and denied the woman ever said "no" to sex.

Afterwards, de Belin said he overheard the woman again mentioning that he had a girlfriend.

"I said 'don't stress it, babe, we're on the rocks anyway, it's complicated'," de Belin told the jury.

The trio later caught an Uber back to town, where the woman "was completely normal" and sometimes laughing before walking away.

De Belin said at no point did he believe the woman was not consenting and was "just in complete and utter shock" when he later learned of allegations.

The jury heard he remains with his long-term partner Alyce.

Earlier in the trial, the woman told the jury sex was never raised with her during the night and she only entered the unit to use the bathroom.

While inside, she says the NRL star undressed her and forced himself on top of her as she said "no".

He then allegedly made way for Sinclair and moved his groin to the then-teenager's head, before the men alternated positions and cheered each other on.

"I just had tears out of my eyes the whole time," she said of the alleged early-morning assault on December 9.

De Belin estimated his intoxication on the dancefloor at Mr Crown was "six or seven" out of 10.

The former Cootamundra paperboy earlier detailed breaking into the St George team in 2011, before being drafted into NSW State of Origin camp in 2017.

Dragons figure Brian Johnston and de Belin's sister are expected to give character evidence when the trial resumes on Friday.