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The Canberra Times
The Canberra Times
National
Olivia Ireland

'Nonsense': Alleged rapist told police during arrest no intercourse occurred

Joseph Ayoub walking to ACT Courts on Friday. Picture by Karleen Minney

A man who allegedly raped a brothel worker told police the accusation of sexual intercourse occurring was "absolute nonsense".

Joseph Ayoub's first police interview after the alleged rape in September 2020 was heard before the ACT Supreme Court on Friday.

The accused has been charged with four counts of sexual intercourse without consent and one each of inflicting actual bodily harm with intent to engage in sexual intercourse, choking, and assault.

He has pleaded not guilty to all of the charges.

The complainant told police Ayoub refused to undergo a mandatory sexual health check or wear a condom.

They also alleged Ayoub threw them against the wall and on the ground numerous times, spat in their mouth, choked them, inserted his fingers into their vagina, and performed oral sex and penetrative sex without getting consent.

An Australian Federal Police constable who interviewed the complainant gave witness evidence to the jury on Friday.

In between her testimony, prosecutor Morgan Howe played three clips, the first being Ayoub's police interview on the day of his arrest and the other two were recorded phone conversations between Ayoub and his brother.

Police explained Ayoub's rights during his interview, explaining he did not have to say anything at this stage without legal representation.

Ayoub requested to have a call with his brother and to speak with a lawyer, before saying "I want to state for the record that the sexual intercourse part is absolute nonsense".

A few days later Ayoub and his brother spoke on the phone. The defendant told his sibling he was "living the dream" and the complainant "accused me of everything and that everything was non-consensual".

Another phone recording from November 2020 between Ayoub and his brother played. Ayoub said to his brother he told police the truth about the allegations, "that it's all bulls---".

"I fingered her and that's it and it was consensual because she took payment," Ayoub is heard saying to his brother.

The court also heard conflicting information about how long the time was that Ayoub paid for services with the complainant.

Defence barrister John Purnell SC asked the constable on the witness stand what she wrote down when speaking to the complainant on the day of the alleged rape.

The constable confirmed she wrote "other girl available for next half an hour" when it came to the type of booking the complainant understood it to be on the morning.

This contradicted the witness testimony from the receptionist, who spoke via audio-visual link on Thursday, but was again called over the phone on Friday. She repeated that she remembered Ayoub paid for an hour with the complainant and no other girls were offered.

Defence evidence is expected to be given on Monday.

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