There was no evidence to prove that Greg Bird inflicted upon his girlfriend the lacerations that were on her face when she was admitted to hospital in last August, a court heard today.
But the Cronulla Sharks footballer and the woman he is accused of assaulting, Katie Milligan, told police, medical staff and their friends a series of different stories from the moment she was injured and throughout the police investigation, the court was told.
First he said she fell, then that he fell and finally that his friend had assaulted her.
Bird is facing two assault charges and one of false accusation in Sydney's Downing Centre Local Court.
Peter Stanhope, acting for the Director of Public Prosecutions, said CCTV footage taken from outside the couple's Cronulla apartment showed Bird returning home shortly before 4am on the morning of the assault.
The next person to open the door was his friend, Brent Watson, who was leaving the unit for a golf tournament about 6.40am.
A few minutes later Ms Milligan arrived home from her night out.
Neighbours then heard raised voices inside the aparment, including a man shouting "stop being a f---ing idiot". And then they heard the couple leave, with Ms Milligan saying to Bird "why did you do this to me?"
"I didn't," he replied.
Ms Milligan: "Yes you did."
When they arrived at hospital, said Mr Stanhope, Bird told a nurse Ms Milligan had tripped over a coffee table.
Out of his earshot, Ms Milligan corrected that story. "My flatmate put the glass in my eye. I don't know why he's lying."
But the court heard that within hours, the story had changed again.
Ms Milligan told police she had been out with Brent Watson, but they became involved in an argument because she called his girlfriend fat.
After they got home he picked up a glass and threw it, possibly aiming for the mirror but landing it on her face.
He had immediately apologised, she allegedly said, and she did not wish to press charges.
Bird supported her story, telling police he had woken to loud voices and entered the room to see blood on his girlfriend's face.
While they were busy blaming Mr Watson for the injuries, the court heard, behind the scenes they were frantically contacting him.
Mr Watson was later to tell police how was on the golf course when Bird rang him.
"Something has happened to Katie," Bird allegedly said.
"It was an accident. There was blood all over the unit. I told police it was you. How do you feel about that?"
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Later he sent Watson text messages instructing him not to answer calls or say anything and they would talk through it that night.
It had been Ms Milligan's idea to involve him, Bird allegedly said.
But Bird's barrister, Mr John Dailly SC, said Bird had not intended to lie when he went to the hospital. But he had done so to support his girlfriend's version of events.
"From the outset, almost everything that fell from her lips was a lie," Mr Dailly said.
The Crown had no evidence to prove that Bird had assaulted her on purpose, by accident, or at all, he said.
If he had done so, the Crown did not even know how he had caused the lacerations.
The most likely scenario, given that she had been drinking and he had denied having hurt her even in conversations when he had not known the neighbours were listening, was that it was an accident, he said.
There was no DNA on the broken glass later found in the bedroom and no fingerprints, he said.
Ms Milligan did not give police a sworn statement and was last heard flying to Spain.
Magistrate Roger Clisdell has reserved his decision on whether the Crown has a case to later today.
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