Byron Bay man to spend his 21st birthday in jail after allegedly choking and raping a woman at The Star
- Joel Nathan Fitzpatrick, 20, is accused of violently choking and raping a woman
- He allegedly assaulted the woman in a room of Sydney’s Star Grand on Saturday
- A witness told the court on Tuesday that they heard to woman saying ‘stop, stop’
- He was denied bail until his next court date so will spend his 21st birthday in jail
A guest at a Sydney five-star hotel heard a woman in another room say ‘stop stop stop’ numerous times during an hour-long violent assault and rape, a court has been told.
Joel Nathan Fitzpatrick Burtt, 20, from Byron Bay, is accused of attacking the woman on Saturday night in a room of The Star Grand at the city’s casino.
Police allege he choked her, caused damage to her face and sexually assaulted her between 8pm and 9pm.
A witness heard a woman say ‘stop stop stop’ numerous times, further ‘thuds’ and then silence, a magistrate was told on Tuesday.
The witness then recalled hearing another woman say ‘look what you have done to her face’, according to a police summary of the allegations.
Joel Nathan Fitzpatrick Burtt is accused of choking and raping a woman on Saturday night in a room of the Star Grand at the Sydney casino (above)
Blood was found on the sheets while a call to room service for an ice bucket was consistent with an alleged effort to stop the woman’s swelling, the court was told.
Fitzpatrick Burtt presented himself to police on Monday and was charged with three offences including aggravated sexual assault.
He was refused bail by Magistrate Robert Williams on Tuesday over concerns he posed a risk to the woman, would fail to appear for future court dates and would commit serious offences if granted bail.
The court was told he was serving a nine-month intensive corrections order for driving under the influence of alcohol, for which he was meant to abstain from alcohol.
He allegedly consumed alcohol on Saturday before the alleged rape.
The court heard on Tuesday that a witness could hear the woman telling Fitzpatrick Burtt ‘stop, stop’ during the alleged assault (pictured, a room in The Star)
Noting results of tests from hospital and the hotel room were not yet available, Mr Williams said the police case appeared reasonably strong that a ‘serious sexual assault including choking’ by Fitzpatrick Burtt had occurred for a period of time.
‘(There) appears to have been an opportunity to stop and some promises were made, as to the victim being able to call to help, which don’t appear to have been complied with by the accused,’ the magistrate said.
Promises of a surety and potential house arrest could not allay the bail concerns, he said.
Appearing via video link from custody, Fitzpatrick Burtt looked to the ceiling and then appeared to tear up as he placed his head in his handcuffed hands.
He was remanded until another court mention on January 12, leaving him to celebrate his 21st birthday in custody.
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