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ABC News
ABC News
National
By Elizabeth Byrne

Canberra woman feared alleged gang rapists would kill her, court hears

Simon Vunilagi is accused of leading the gang rape of a woman he met at Mooseheads.

A Canberra woman escaping an alleged gang rape last year told a taxi driver she thought she would be killed by the four men, the ACT Supreme Court has heard.

Simon Vunilagi, Josefa Masivesi, 45, Isimeli Vatanitawake, 22, and Ratu Macanawai, 25, are all charged with sexually assaulting the woman after a night out at Canberra nightclub Mooseheads.

Mr Vunilagi and Mr Vatanitawake admit having sex with the woman, but deny it was against her will and say she went willingly to an apartment with them.

Mr Masivesi and Mr Macanawai deny having sex with the woman at all. 

Prosecutor Skye Jerome told the court the woman made it clear she was not consenting, telling Mr Vunilagi she did not want to do anything.

"There is no doubt the four men sexually assaulted her as described," she said.

"We say it was obvious she was not consenting and they knew it."

Defence says 'patchy memory' not to be believed

Hours of CCTV footage were played to the court, showing the group inside Mooseheads and the woman joining the group of men she did not know at a table in the club.

The footage shows her kissing and cuddling Mr Vatanitawake, known as Simi, for at least 10 minutes during the time.

But Ms Jerome told the court kissing the man "[did] not equate to consent to group sex hours later".

The Crown case is that Mr Vunilagi organised to take the woman home to Mr Masivesi's unit, asking his permission while still at Mooseheads.

Ms Jerome said Mr Vunilagi then controlled the situation, sexually assaulting the woman himself before bringing in each of the others one by one.

"He knew what he was doing to [her] and he knew she was not consenting at any point," she said.

But the defence, led by Mr Masivesi's lawyer Steven Whybrow, has refuted the account.

Mr Whybrow told the court the woman's patchy memory about what went on at Mooseheads was a pointer that she should not be believed.

He outlined several incidents including the encounter with Mr Vatanitawake, where her memory was at odds with what could be clearly seen in the CCTV footage at the club.

Ms Jerome told the court she had been frank and honest with the court about the false memories.

But Mr Whybrow said it cast doubt over her credibility.

"Those things cannot be wished away," he said.

"She cannot tell you beyond reasonable doubt that what happened in the house is not one of the bad memories, confused memories or false memories."

'I do not know if it's rape or what'

Ms Jerome told the court the woman had eventually escaped the unit but, when she got outside, she saw a car nearby with some of the accused inside, so hid behind a tree.

The prosecutor said the woman was eventually helped by a stranger who called a taxi.

She said the woman told him: "Look, I do not know if it's rape or what."

But Ms Jerome said the woman also told the man she feared she would be killed.

The court heard the woman did not want to call police, because she did not want to tell people.

The alleged crime was eventually reported after the woman went home and was helped by a friend.

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