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AAP
AAP
National
Duncan Murray

'I messed up': Beale called agent after rape allegation

A toxicologist has testified about the amount of cocaine used by Kurtley Beale's accuser. (Dan Himbrechts/AAP PHOTOS)

Rugby star Kurtley Beale made an urgent phone call to his agent Isaac Moses, shortly after being confronted by a woman who claimed he raped her.

In a recording of the call played to a court on Tuesday, Beale tells his long-time manager "I messed up".

"A bird rang me out of the blue, saying she's a little bit upset because I just misread the whole situation ... and she performed oral sex on me," Beale said.

"But she's like 'I didn't really consent to that action', blah blah blah."

The woman, who cannot be legally identified, says Beale touched her backside and forced her to perform oral sex in a pub's toilet cubicle.

Maddi Beale, wife of rugby union star Kurtley Beale (file image)
Beale made a mistake and that hurt his wife Maddi (pictured), her mother told the court. (Paul Braven/AAP PHOTOS)

Beale is standing trial in the NSW District Court on one count of sexual intercourse without consent and two of sexual touching following an incident at Bondi's Beach Road Hotel in December 2022.

The 35-year-old pleaded not guilty to all of the charges and will not give evidence in the trial, with the prosecution and defence cases both wrapping up on Tuesday.

After informing Beale the woman may have already gone to NSW Police, Mr Moses prompts him during the phone call to confirm the woman had consented.

"Kurtley, I'll bet you she did consent otherwise that wouldn't have happened, true yes?" Mr Moses says.

"That's what I thought," Beale replies.

"Yes, yes, yes," Mr Moses says.

"Yes," Beale replies.

The call is abruptly ended by Mr Moses who tells Beale he will ring him back on a different phone.

Both phone calls were being secretly recorded by police.

Mr Moses, who has managed Beale since he was 18, appeared as a witness on Tuesday, explaining his past experience dealing with players facing criminal charges informed how he handled Beale's call.

"I just didn't want Kurtley to be misunderstood or misconstrued in what he said," Mr Moses told the court.

Beale's mother-in-law, Julie Blomberg, also gave evidence, saying while it was hurtful for him to have been unfaithful to wife, Maddi, she did not believe him to be guilty of having non-consensual sex.

Margaret Cunneen (left) and Kurtley Beale (file image)
Margaret Cunneen SC asked if cocaine might lead users to engage in risk-taking behaviour. (Dan Himbrechts/AAP PHOTOS)

"He made a mistake and that hurt Maddi. Kurtley and Maddi have sorted out the issue of hurt," Ms Blomberg told the court.

"I don't think for a minute that Kurtley would assault someone. 

"We believed him when he said that it was consensual."

Also on Tuesday, NSW Police forensic pharmacologist and toxicologist Shuang Fu gave evidence regarding the alleged victim's use of cocaine on the night of the alleged assault.

Testing of a urine sample taken about 24 hours after the alleged assault showed cocaine in the woman's system.

She may have used "a bit more cocaine than average" as well as consuming roughly 12 drinks through the evening, the court heard.

The woman admitted in court to having "two very small lines" earlier in the night.

Based on the cocaine still being present in the woman's system at the time of testing, Dr Fu said she likely had an above-average dose.

Beale's lawyer, Margaret Cunneen SC, asked if cocaine might lead users to engage in risk-taking behaviour as it caused "heightened sexual excitement" and a loss of inhibitions.

"You might do things you wouldn't do if you hadn't taken the drug," she suggested.

Dr Fu said it was a "broad concept" how much people might act outside their usual behaviour when taking any substance.

She said cocaine users were likely to become "talkative and very friendly to everyone, but not something extreme".

The court also heard on Tuesday from a hotel staff member who said he heard sounds coming from the cubicle during the alleged assault.

The trial continues.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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