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ABC News
ABC News
National
By Timothy Fernandez

'Did we have sex?' Court hears texts between Tristan Sailor and alleged 'sedated' victim

Tristan Sailor leaves court after being granted bail

NRL player Tristan Sailor has been granted strict conditional bail following allegations of aggravated sexual assault.

The 22-year old faced Wollongong court where police argued the alleged attack south of Sydney last weekend was "predatory and planned".

Police prosecutor Shannon Ryan told the court the alleged victim was given a sedative without her knowledge before the incident, meaning she was incapable of giving consent.

The police claim the substance was a common over-the-counter sleep drug called doxylamine succiante.

The alleged victim admitted to drinking alcohol, but denied taking the sleeping drug.

Sergeant Ryan told the court the alleged victim was found unconscious by a friend, which had prevented "further serious consequences".

He added that Mr Sailor "bizarrely" sought consent from the friend to have sex with the plaintiff, a claim the friend denies.

Sergeant Ryan said given seriousness of the charged and the forensic evidence that confirms the injuries sustained were consistent with the allegations, bail should be denied.

Defence lawyer Richard Pontello submitted five affidavits to the court from a number of high-profile NRL figures.

Darren Lockyer, Paul McGregor and David Riolo all signed documents attesting to Sailor's character.

'Did we have sex?'

Mr Pontello argued the sexual encounter was consensual and said text messages submitted as evidence in the case confirmed this position.

He read aloud a text exchange between the pair from the night after the incident:

Alleged victim: What happened last night?

Tristan Sailor: Sorry, I had to go.

Alleged victim: I don't remember anything after the Uber back to mine, what happened last night? Did we have sex?

Tristan Sailor: Sorry I was out, we played drinking games and yes we had sex, I asked you beforehand if everything was sweet, and I pulled out.

Defence invokes De Belin case

Mr Pontello said the pair had met up at Bondi's busy Beach Road Hotel and the drug could have been administered by a patron there.

He pointed to his client's clear criminal record and the fact he is a university graduate studying his second degree in architecture.

Mr Pontello also brought up fellow St George Illawarra Dragons team mate Jack De Belin's protracted sexual assault case, claiming Sailor's case would not be heard until late next year at the earliest.

He said that was an unreasonably long time for someone to wait, given the presumption of innocence.

Registrar Kally D'arcy agreed that Sailor's lack of a criminal record was a mitigating factor in his bail application.

She imposed a strict curfew of 7:00pm to 5:30am, a ban on drugs and alcohol, and weekly police check-ups in granting his bail application.

The matter will return to Sutherland Local court for a brief to be served on December 3.

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