New evidence accepted in sexual assault and attempted rape trial

The Defence has begun their closing speech in the trial of Elliot Brooke, who is charged with sexual assault and attempted rape.

The defendant denies all charges.

New evidence has been accepted by the court in the trial of Elliot Brooke, who is charged with sexual assault and attempted rape.

The Crown submitted evidence contradicting Mr Brooke’s claim that he spoke with a colleague on the balcony of New Mole House on the night of the incident.

Prosecutor Johan Fernandez told the court the officer was actually on annual leave and accused Mr Brooke of being caught in a blatant lie and doubling down.

Mr Brooke denied lying, saying it was a genuine mistake.

In his closing, Mr Fernandez said the alleged lie was crucial, as it supported the defendant’s claim that the complainant walked away first and was waiting by the Control Room, suggesting she was the instigator.

He added that the lie actually confirms Ms X’s version of events, as she never mentions any conversation taking place between the defendant and another officer.

He told the jury that questioning the complainant’s actions or suggesting a “correct” way for a victim to respond was wrong, reminding them that trauma triggers a fight-or-flight reaction.

He said it was not Ms X’s behaviour that should be judged but Mr Brooke’s.

For the defence, Gudrun Young KC told the jury this was a classic case of “he said, she said.”

She reminded them of the two golden rules in reaching the correct verdict — the burden and standard of proof, that the defendant is innocent until proven guilty, and that any emotions felt for either party must be put aside to focus solely on the evidence.

Ms Young KC continues her closing speech on Thursday.