Footage showing Wallabies star Kurtley Beale allegedly groping a woman in a pub before sexually assaulting her in a bathroom has been shown to a jury, who have been promised a different version of events by his barrister.
A digital map and a compilation of CCTV footage from the Beach Road Hotel near Bondi Beach was played to jurors on Tuesday after they were urged to keep an open mind about what it showed.
Beale denies groping and sexually assaulting the woman, who cannot be identified for legal reasons, in December 2022.
The 35-year-old rugby union star has pleaded not guilty to one count of sexual intercourse without consent and two counts of sexual touching.
The NSW District Court trial is expected to sit for the next three weeks with a jury of seven women and five men hearing opening addresses from the prosecution and defence on Tuesday.
Crown prosecutor Jeff Tunks was forced to restart his opening address when Judge Graham Turnbull spotted only 11 jurors in the box.
Resuming with the required 12, Mr Tunks alleged Beale touched the woman on the buttocks in a public area of the bar before non-consensual oral intercourse occurred in a cubicle in the men's bathroom.
The primary issue in the trial will be whether or not the woman consented, the prosecutor told the jury.
One of the sexual touching charges was captured on CCTV in the main bar area, Mr Tunks said.
“It is most important for you to interpret and make up your own mind about what you see in the footage,” he told the jury.
The complainant was expected to tell the court that Beale touched her buttock under her clothing.
She pushed his hand away and told him to stop but did not react further to avoid causing a scene, Mr Tunks said he expected the woman to say when she gives evidence on Wednesday.
The pair interacted again soon after and the footage would show the woman following Beale into the men’s bathroom, Mr Tunks said.
He expects the woman to describe Beale grabbing the back of her head before placing his penis in her mouth, saying words to the effect of “come on, let’s f***” and trying to bend her over from behind in one of the cubicles.
Beale’s barrister Margaret Cunneen SC said the footballer was innocent and the prosecution had to prove otherwise beyond a reasonable doubt.
“There is a quite different version of events of which you will become aware in this case,” she said.
Ms Cunneen said whatever occurred on the night was consensual and she would argue the events had been instigated by the complainant, reiterating CCTV footage showed the woman following Beale into the bathroom.
“The defence case is the complainant did consent and certainly Mr Beale at all times genuinely believed she was consenting,” she said.
An unidentified man seen on CCTV interacting with Beale shortly before the alleged sexual assault later went into the bathroom after the pair had entered.
The defence case argues the unknown man "knew there was something going on" and may have been acting as "something of a voyeur," Ms Cunneen said.
Hotel staff who entered the bathroom were expected to describe sounds they heard, which did not include any signs of protestation or distress, she added.
Beale's trial continues on Wednesday.
The Waratahs and Wallabies back has made 95 appearances for Australia, as well as playing for English club Wasps and French Top 14 team Racing 92.
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