CCTV footage at the Adelaide Aquatic Centre shows a man "edge ever so slightly closer" to a sleeping woman in a spa before an alleged rape under the surface of the water, the South Australian District Court has heard.
Hayas Kardo, 62, is standing trial before Judge Liesl Chapman for the rape and indecent assault of a sleeping woman, aged in her late 20s, in the northern spa at the aquatic centre, in North Adelaide, in September 2018.
He has pleaded not guilty to both offences.
Prosecutor Carmen Matteo today opened her case against Mr Kardo, telling Judge Chapman that CCTV footage showed the accused in the same spa as the alleged victim that afternoon.
"He appears to edge ever so slightly closer to [the alleged victim]," she said.
"Your Honour may see, and what the prosecution contends, is the dark fabric of her swimming shorts billowing up in an area out in front of the accused and to his left.
"There's a subtle, but in the prosecution submission, an unnatural physical closeness between the accused, whose left arm is under the water line, and alleged victim while she continues to sleep."
Accused movements 'subtle, surreptitious'
Ms Matteo said people were "coming and going" from the spa during the alleged incident.
"When the jets are active, they create a significant visual obstruction on the surface of the water," she told the court.
"On the prosecution case, the accused's movements are subtle and surreptitious."
The court heard that the alleged victim decided to go to the centre after a long working week and an almost sleepless night at a birthday party.
Ms Matteo said the alleged victim will give evidence that she awoke during the alleged rape before leaving the spa and immediately informing a lifeguard, who noted her "visible distress".
Craig Caldicott, for Mr Kardo, told the court that his client admitted being in the northern spa at the aquatic centre that afternoon but denies the alleged rape.
"This matter simply comes down to Mr Kardo didn't do the actions that constituted the offence," he said.
The alleged victim will give evidence in a closed court.
