Three men accused of raping three teenagers during a stag weekend must wait until the jury retires to discuss their verdict.
Andrew David, 30, and his brothers Maurice Hawell, 30, and Marius Hawell, 22, faced trial after pleading not guilty to aggravated sexual assault in company, attempted aggravated sexual assault in company and aggravated sexual touching.
The trio had rented an Airbnb in Newcastle in February 2022 to celebrate a stag party for groom-to-be Maurice, where they allegedly raped three teenagers in dark rooms.
Prosecutors say the three men sexually assaulted two 18-year-old women on Friday night by pushing them onto beds in a dark room in the rented Airbnb.
One of the teenagers told the court that Maurice first entered a room where she was having consensual sex with another bachelorette party attendee and then sexually touched her without her consent.
Not long after, the two 18-year-olds told the court they went into a bedroom to get their phones as they prepared to leave, but were pushed back onto beds and assaulted.
One of the teens said she was forced to have penetrative sex with a man she couldn’t see, while another man knelt on her arms and pushed his penis into her mouth.
The other teen said she was pinned to the bed next to her friend and stripped naked while a man tried to put his penis in her mouth while she was penetratively and anally raped.
Maurice Hawell (pictured) denies raping three teenagers during his stag do in Newcastle in 2022.
Marius Hawell (pictured) has denied engaging in sexual activity that weekend
Both teens said they were unable to identify their alleged attackers because the room was so dark.
Crown prosecutor Craig Evans alleges that Maurice, Mr David and Marius took part in the alleged gang rapes and either knew the women did not consent or acted recklessly in relation to their consent.
He alleges that the three men were also involved in the sexual harassment of a 19-year-old woman the following night.
The court was told Maurice approached the teenager on the street and persuaded her to come back to the rented Airbnb for a drink, but instead led her into a bedroom.
The teenager said she was pushed onto a bed and they kissed before Mr David entered the room and Maurice asked if she wanted a threesome.
The 19-year-old said she refused the proposal, but Mr David pinned her to the bed by kneeling on her shoulders and forced his penis into her mouth as Maurice penetratively raped her.
She told the court she had tried to keep her legs together but the man had pushed them violently.
The teenager said a third man, who prosecutors say is Marius, entered the room while the gang rape was taking place and used his flashlight to illuminate the sexual activity.
Andrew David (pictured) also denies allegations of gang rape of three women
Maurice and Mr David claim that all sexual acts were consensual, while Marius claims he was not involved in the sexual incidents during the stag party weekend.
Their lawyers all questioned the credibility of the alleged victims, arguing that their clients were unaware the women had not consented to them.
All three men spent weeks on trial in the New South Wales District Court on allegations they were involved in a joint criminal enterprise in which they acted recklessly and without the women’s consent.
Judge Gina O’Rourke reminded jurors on Thursday that they must consider the evidence against each defendant separately.
“It’s basically three trials in one,” she said.
She also reminded the jury that the trio were presumed innocent and urged them to remain “open-minded” during deliberations.
After the judge summarized the case in detail, the jury retired on Thursday afternoon to discuss the verdict.