Girl accusing Poole Pirate Darcy Ward of sex assault could have stopped encounter, says barrister (From Bournemouth Echo)
When news happens text pix and video to 80360. Start your message with BE then leave a space.
Girl accusing Poole Pirate Darcy Ward of sex assault could have stopped encounter, says barrister
THE girl accusing speedway star Darcy Ward of sexual assault could easily have put a stop to their encounter in a Poole hotel, a court heard.
That was the claim of defence barrister Stewart Jones QC in his closing speech to a jury at Bournemouth Crown Court yesterday.
Mr Jones said that the alleged victim, 17, enjoyed her liaisons with Ward and two other males at Premier Inn, in Holes Bay Road, last year until she had to explain her behaviour.
Hotel staff who saw the teenager shortly after the alleged incident said although she had been drinking she was “still with it”, he said.
A policeman accompanying her at a medical exam at Poole Hospital said she was able to answer questions.
Mr Jones said she only became distressed when officers took her back to the hotel, whereas she had already been back to the scene with a member of staff.
“Now she is in the company of police and whoops, things are starting to get out of control,” he said.
Friends recalled that the girl – visiting from the Midlands for a Poole Pirates meeting – was eager to leave Poole Stadium to “get her leg over”.
Earlier in the trial, jurors watched recordings of the alleged assaults made on a mobile phone.
Mr Jones said: “There is no foetal curling up, no kicking, no struggling, no verbal protest.
“She could perfectly well have said get off.
“She could well have said ‘Help, get them off me’.
“She could have been kicking, struggling. She throws herself back.”
Mr Jones asked the jury of five women and seven men to think carefully about consent, arguing that the behaviour was “‘uncouth” not criminal.
“It may have been drunken consent but that does not matter,” he said.
“Drunk consent is none the less consent.
“That capacity to choose does not turn on or off and it is with her throughout these events.”
Ward, of Poole Road ,in Sturminster Marshall, denies the assault.
A 17-year-old male, who cannot be named for legal reasons, faces three charges of sexual assault and one of rape. Judge Peter Johnson will sum up on Monday.