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Brett Stewart found not guilty of sexual assault

Talons

Juniors
Messages
189
THE police officer who attended the scene and first spoke with the girl who alleges Brett Stewart sexually assaulted her did not write down any description of the incident in her official notebook.
Senior Constable Donna White, who at the time was attached to Northern Beaches police, gave evidence in the Downing Centre District Court yesterday.
Stewart, 25, is charged with assaulting the then 17-year-old outside his Manly townhouse complex on March 6, 2009, after his club’s season launch.
Constable White told the jury she arrived shortly after 8pm on the night of the alleged incident and spoke with the girl.
``Her voice was trembling and I noticed her hands shaking,’’ she said.
The officer told the court that she made notes during her initial conversation with the girl at the townhouse complex, but under cross-examination from Stewart’s defence barrister, Tony Bellanto QC, Constable White acknowledged she did not write any notes concerning the allegations when she was at the scene.
In her official police notebook, she recorded a brief chronology of events, which included the alleged victim smoking, Stewart arriving in and then exiting from a taxi, a brief conversation between the two regarding smoking and, according to the alleged victim, Stewart remarked that he had to go to the toilet.
Mr Bellanto asked Constable White why she did not write down any notes concerning the allegations of indecent and sexual assault.
``They are just things I was writing down as I was trying to comfort her,’’ Constable White said.
Mr Bellanto asked the police officer if the girl immediately made the allegations to her.
She said the girl did.
He then asked her why she included other details but not ``the most important allegation’‘.
The police officer replied she did not write down word for word what was said to her as she had many things to deal with.
``You wrote down he kept looking around over and over?’‘
``Correct,’’ the police officer replied.
``You wrote down that he kept asking that he needed to go to the toilet and in the first person, `I’ve got to go’ ‘’
``Correct.’‘
Mr Bellanto asked if the reason there were no written notes of the allegation was because the victim had not made them.
``No,’’ Constable White said.
``You don’t think that that’s a failure on your part to record the most important piece of information?’’ Mr Bellanto asked.
``No I don’t,’’ she responded.

http://manly-daily.whereilive.com.au/news/story/police-officer-tells-court-she-made-
 

Eels Dude

Coach
Messages
19,065
Don't see any issue with that honestly. When the cops recieve a call out their job is just to take notes to describe the scene or situation as they see it, from their own observations, and take down contact information. All the main stuff is recorded via an official police report probably typed later that night or the next day.
 

Timmah

LeagueUnlimited News Editor
Staff member
Messages
100,984
THE sex assault trial of rugby league star Brett Stewart has become a battle of medical opinions, with professionals providing conflicting accounts about a red mark on his alleged victim.

Stewart, 25, is charged with sexually assaulting and twice indecently assaulting a 17-year-old girl outside his North Manly home on March 3, 2009.

It is alleged that the Manly Sea Eagles fullback penetrated the girl with his finger and tongue kissed her without her consent.

A jury trial at Sydney's Downing Centre District Court has heard that on the night of the alleged assault the girl was examined by Dr Shana Hayes, at the sexual assault clinic at Sydney's Royal North Shore Hospital.

Dr Hayes found an area of redness near the girl's vagina, with her findings supported in court by her boss, Dr Jean Edwards.

But a defence witness, Dr Christine Norrie, questioned the medical evidence put to the court and offered alternative "likely" causes or reasons for the redness.

Start of sidebar. Skip to end of sidebar.
End of sidebar. Return to start of sidebar.
A court order prevents the publication of how the doctors say the red mark was caused.

"It is clear is it not that (Dr Hayes') competency has been questioned somewhat by Dr Norrie's report?" crown prosecutor Peter Skinner asked Dr Edwards in court today.

"Yes," Dr Edwards answered.

Dr Norrie did not examine the girl and formed her opinion based on Dr Hayes' report.

"Is it a fact that you can't say what caused this red mark?" Stewart's barrister Tony Bellanto asked Dr Norrie.

"Not exactly, no," she answered, conceding there could be "a number of possible causes".

The trial continues before Judge Jonathan Williams.



http://www.news.com.au/breaking-new...al/story-e6frfku0-1225927956716#ixzz10EmyhNUx
 

meltiger

First Grade
Messages
6,268
It's clearly going to come down to whether the jury likes Brett or the alleged victim more.


It's entirely he said, she said.
 

taxidriver

Coach
Messages
14,576
too many posts to read but how did he manage to get his memory back?

wasn't his original story he was too pissed to recall what he did?
 

Downie

Guest Moderator
Messages
1,038
Just like we were told that the neighbours had to pull Stewart off the girl, it is more than likely a load of BS.

Aye. In the trial the neighbours said all they saw was the Dad being aggressive towards Brett. They also contradicted a few of the things the parents claimed (eg. he was saying 'bro' a lot, neighbours didn't hear him say it once).
 

Cletus

First Grade
Messages
7,171
Aye. In the trial the neighbours said all they saw was the Dad being aggressive towards Brett. They also contradicted a few of the things the parents claimed (eg. he was saying 'bro' a lot, neighbours didn't hear him say it once).

Not to mention claiming that Brett said he was going to kill the family. None of them are telling the same story.
 

Timmah

LeagueUnlimited News Editor
Staff member
Messages
100,984
Rugby league star Brett Stewart has told a jury he was "stunned" when a young girl tried to kiss him outside his home last year.
"... She went for my arm and said: `I just want a kiss'," Stewart told the NSW District Court in Sydney on Thursday.
The 25-year-old Manly Sea Eagles fullback has pleaded not guilty to sexually assaulting and twice indecently assaulting a 17-year-old girl outside his north Manly home on March 6, 2009.
Stewart is accused of digitally penetrating her and twice tongue kissing her without her consent.
At the start of the defence case on Thursday, the softly-spoken Stewart went into the witness box, initially outlining his sporting career and charity work.
He said that on Friday, March 6, 2009, he had attended the club's season launch at a bar/restaurant at Manly Wharf from about midday to 6pm. He socialised and drank about three or four beers, a couple of champagnes and a couple of bourbon and cokes.
His barrister, Tony Bellanto, QC, asked whether he was conscious of behaving appropriately.
"I am always conscious of that," Stewart said.
After going to two bars with other people, he caught a taxi home to the flat he shared with his girlfriend shortly after 7.23pm, the court was told.
As he walked up the driveway to the complex, he saw a young girl approaching the gate from the letterbox area.
"I would have said she was 13 or 14, very short, in a singlet top and shorts," he said.
"She stopped me at the front of the gate and said: `Are you Brett Stewart?'"
Stewart said he replied that he was, and that she said she had seen him on television.
"It took me by surprise that she was in front of the gate," he said.
Stewart said he asked what she was doing there and she replied she was "having a smoke".
"I said: `yuk'. I could sort of smell the cigarette," he said.
Stewart said he brushed his hand in front of his face because he did not like the smell of cigarettes and told her "that is not good for you".
"That is when she went for my arm and said: `I just want a kiss'," he said.
Stewart said she leant out to grab his arm which is when he backed away.
"Did you kiss her?" Mr Bellanto asked.
"No," the footballer replied.
"I leant back. I said: `I just want to go home, leave me alone'," he said.
Stewart said "it took me by surprise" adding that he was "stunned".
"She just looked odd. I remember thinking: `what is this?'," he said.
Stewart said he did not see where she went but he waited for a while.
"I have always been taught by the club that if there is a scene or anything, give it a minute and let the dust settle," Stewart said.
The trial is continuing before Judge Jonathan Williams.

http://news.smh.com.au/breaking-new...unned-when-asked-for-kiss-20100923-15nyd.html
 
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