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The Canberra Times
The Canberra Times
National
Toby Vue

Witness denies fabricating rape accusation against businessman

A prominent Canberra businessman is on trial in the ACT Supreme Court for rape and other charges. Picture: Karleen Minney

A witness has denied fabricating allegations against a prominent Canberra businessman accused of raping his estranged wife and touching her inappropriately in separate incidents.

The businessman, who is not identified for legal reasons, has pleaded not guilty to two counts of indecent acts and one count of sexual intercourse without consent and is facing trial in the ACT Supreme Court.

The court previously heard the man allegedly raped his estranged wife at their co-managed firm during a persistent campaign to "intimidate, humiliate or control" her.

He is also accused of touching the woman inappropriately at her home while he was there to pick up their children.

You and [the complainant] decided that there would be false allegations logged ... that could be used down the track.

Steven Whybrow

On Thursday, a witness for the prosecution told the court she was "in shock and rattled" after the complainant called her in 2018 about the allegations.

"She was obviously upset, she was weeping," the witness said.

"She said 'he squeezed my buttocks really hard and he stuck his fingers up inside me'.

"She went to the bathroom and she had red marks on her buttocks from what I believe was from his hands from hitting her."

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The witness, appearing via video link, said she suggested to the complainant to go to police and to obtain a medical checkup.

The court heard that phone records show the witness and the complainant having a phone conversation around the same time as one of the alleged incident.

During cross examination, defence barrister Steven Whybrow suggested to the witness that based on those records, she and the complainant had fabricated the accusations.

"You and [the complainant] decided that there would be false allegations logged ... that could be used down the track," Mr Whybrow said.

In response to the suggestion, the witness said "that is incorrect".

"I was really shaken by this," she said.

Mr Whybrow also questioned the witness's recollection of events and her motivation to provide information, including a personal diary about phone conversations with the complainant, to police.

The court heard the witness crossed out some notes in her diary before legal proceedings started.

She said they were irrelevant matters.

The defendant has also pleaded not guilty to another count of indecent act as a backup charge. The trial continues.

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