A District Court jury has heard three women were allegedly gang-raped by three men during a bucks party weekend in Newcastle.
Andrew David, 30, Maurice Hawell, 30, and Marius Hawell, 22, have pleaded not guilty to alleged sexual offences against the women at an apartment in Parry Street, Newcastle West, on February 25 and 26, 2022.
The trio's trial before Judge Gina O'Rourke at Sydney's Downing Centre District Court began on Wednesday.
Crown prosecutor Craig Evans alleges the men were participants of a joint criminal enterprise in the alleged sexual assaults.
The court heard the men allegedly assaulted two 18-year-old friends on the Friday night, after meeting them at the nearby Cambridge Hotel and bringing them back to their short-stay apartment.
Nine men were staying there.
'A swarm of people'
Mr Evans said one of the two women described being taken into a bedroom and assaulted.
"She described a swarm of people on her, she was forced on to a bed, her clothing was quickly removed and there were many hands on her body," he said.
Mr Evans told the jury the teenager's friend described being scared after both of them realised they were allegedly being assaulted on the same bed.
"[The woman] didn't know what to do and she froze, she was scared, she reached out and grabbed [her friend's] hand," he said.
The jury heard the men stopped when another man intervened.
Defence barrister Richard Pontello representing Maurice Hawell said the nine allegations against his client were all denied.
"This is essentially the case of two episodes of sexual activity among a group of adults — all of them engaged in it consensually," he said.
Sharyn Hall SC, who represents Andrew David, whose bucks party was being celebrated, told the jury her client also denied any wrongdoing.
"It is his case anything of a sexual nature that involved him happened consensually, everyone agreed to it happening," she said.
Marius Hawell's barrister Scott Corrish told the court his client had his clothes on at the alleged times and could challenge every piece of evidence.
The next night
It is alleged a third victim was assaulted on the Saturday night at the same apartment.
The Crown said that woman was approached near the Cambridge Hotel by Maurice Hawell, who gave a fake name and invited her for "pre-drinks" in the holiday unit.
The prosecutor said the woman told police she was taken into a bedroom and sexually assaulted.
"She had an overwhelming sense of fear and was scared and wanted to leave but couldn't move," the prosecutor said.
The jury was told the woman had been pinned down and at one point thought she was being filmed on a mobile phone.
After the alleged assaults, the woman left the apartment and called her flatmate, before calling triple-0.
The court heard police arrived at her home, she handed over her clothing and told officers what had allegedly happened.
The unit became a crime scene the next day.
The court heard all three women said "no" and "stop" during their alleged attacks.
All three men have also pleaded not guilty to all charges relating to all three women.
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