The alleged victim of two sexual assaults at the hands of a Northern Territory police officer “has all the characteristics of the most unreliable witness,” a court heard.
Key points:
- Patrick Carson has pleaded not guilty to two counts of sex without consent
- He is accused of having twice raped a young woman with whom he befriended in 2020
- Jurors are likely to begin deliberations Wednesday morning
Chief Sergeant Patrick Carson has pleaded not guilty to two counts of sex without consent, accused of twice raping a young woman with whom he befriended in 2020.
Much of the two-week trial was closed to the public and the media, as the complainant, who cannot be identified, testified in court.
In her closing speech to the jury, defense attorney Mary Chalmers SC said the panel could find that Mr. Carson and the complainant “were on the cusp of an adventure,” but told them that they were not to “sit in a moral judgment of people’s relations.” .
“We are all great in this room, we know that … these adventures happen from time to time. And some of you may not take advantage of people having these relationships with this particular age difference or these particular relationships, for example with a married man, ”Ms Chalmers SC said.
Jurors are likely to begin deliberations Wednesday morning. (ABC News: Che Chorley)
“But they do happen and it’s very important that you remember that … you’re actually here to determine if the Crown tests are reliable enough or not to meet that test standard.”
The court is aware of the “secret conversations” between a police officer and the alleged victim
Ms Chalmers SC told the court that on the day of the first alleged incident, the complainant sent a text message to a friend saying, “Actually, we’re almost filling things up.”
He argued that the message meant that something had happened in which both Mr Carson and the complainant had been involved and “it was not a story of someone raping someone else”.
“It ‘s very easy for a young woman like [the complainant] make a complaint against a married man when there are only two on the occasion in question, ”he said.
“It’s very easy for her to make that allegation and very hard to refute.”
Ms Chalmers SC told the court that the complainant and Mr Carson continued to send messages, including the sending of “love hearts” after the two alleged incidents and further accused the complainant of having lied in a single Job application and in a separate work-related investigation.
“This is a woman who lies, lies when she has an obligation to tell the truth and when she faces her own lie, she says again‘ well, I don’t remember, ’” Chalmers SC said.
“She’s not someone you can trust.”
Crown prosecutor Marty Aust urged jurors to find the alleged victim “honest and reliable.” (ABC News: Tully Hemsley)
Prosecutors argue that police “cared” for the alleged victim
Ms Chalmers SC dismissed allegations made by Crown senior prosecutor Marty Aust in her closing speech on Monday that Mr Carson “prepared” the alleged victim.
“When you read [the messages between Mr Carson and the complainant] … Is almost equivalent to a document that is a chronicle of how to prepare and take advantage of someone, ”Aust told jurors.
He said the defendant had made the complainant “feel special” and that she continued to text her after the alleged rapes because she accepted his apologies and “wanted to try to pretend things weren’t going well.”
Judge Southwood told jurors to “scrutinize” the evidence. (ABC News: Che Chorley)
Aust urged jurors in his final speech to find that the alleged victim was “honest and reliable” in his trial.
“[The complainant is] a teenager described as shy, untrustworthy, socially inadequate, immature … is a bit silly, ”she said.
“It’s the perfect prey for Mr Carson and when he finally takes advantage of it, given the dynamic [of their relationship] she will accept your apologies. “
The jury will begin deliberations
After several hours of summary and a final speech by Judge Stephen Southwood on Tuesday afternoon, juries will begin deliberations Wednesday morning.
Judge Southwood told jurors to “scrutinize” the complainant’s evidence and said they should “go [their] own conclusions “as to whether the text messages sent by the alleged victim were consistent with his evidence.
Patrick Carson did not testify in court. (ABC News: Melissa Mackay)
Judge Southwood also ordered the jurors not to “draw any inference” against Mr. Carson because he chose not to testify in court.
“He has a right to the presumption of innocence, he is not required to prove anything,” Judge Southwood said.
Jurors will continue deliberations until they reach a verdict.
Posted 5 hours, 5 hours ago, Tuesday, June 28, 2022 at 8:23 AM, updated 4 hours ago, 4 hours ago, Tuesday, June 28, 2022 at 9:44 AM