Privately educated George Fay, pictured, has pleaded not guilty to three counts of rape, sex abuse and committing a criminal sexual act while the woman was ‘physically incapable’ of consent
DNA belonging to the son of a high-flying British barrister was found on the left breast of a 20-year-old woman he is accused of raping while she slept.
But medical analysts were unable to obtain enough DNA from other samples to link 23-year-old George Fay and the woman, New York Supreme Court heard.
Prosecutors allege Fay attacked the woman as she slept off a drunken tryst with his childhood friend Jack Slye.
Fay, wearing a dark blue suit, pale pink shirt and purple tie, stared intently at criminal analyst Aman Singh as he explained DNA testing.
Mr Singh told the jury that DNA samples had been taken from the woman, Slye and Fay. He said secretion stains found on her breast contained Fay’s DNA.
But during cross-examination by Fay’s lawyer Daniel Bibb, Mr Singh conceded it was possible the DNA had not been directly transferred from Fay to the woman.
The court had earlier heard how the woman and Slye had consensual sex in the lower level of a bunk bed sometimes slept in by Fay.
Private school educated Fay was spending the summer at the Manhattan home of family friends. He’d been drinking into the early hours of the morning when the alleged attack happened.
Fay, who was born in London, has pleaded not guilty to three counts of rape, sex abuse and committing a criminal sexual act while the woman was ‘physically incapable’ of giving consent.
His QC father Michael, who sits as a deputy high court judge in the Caribbean and is now based in the British Virgin Islands, is expected to give evidence on his son’s behalf as the trial progresses.
Fay’s mother Sofia, a partner in a ritzy public relation company, sat at the back of the court.
The wealthy couple maintains homes in the Virgin Islands, the Channel Islands and America. Mr Fay is an honourary member of London’s Radcliffe Chambers.
George Fay did not appear particuarly concerned or scared after his arrest, police officer James Cebulski testified.
Fay is pictured with his QC father Michael, who sits as a deputy high court judge in the Caribbean and is now based in the British Virgin Islands
‘I wouldn’t say concerned. He didn’t seem scared,’ he said.
As the rookie officer, who had just 10 months experience on the job, prepared the arrest paperwork and mug shot he said he received a call at the police station from QC Michael Fay.
Details of the conversation were not given to the jury of seven men and five women.
Earlier Cebulski’s role as the arresting officer was pulled apart by Fay’s lawyer Noreen Travers, one of three attorneys representing him.
He conceded that neither he nor three other officers who went to the 18th floor apartment searched the two bedrooms, took photographs or secured evidence like bed sheets.
‘You spoke to (the victim) and you were aware that it happened on George Fay’s bed but no one collected the sheets?’ Miss Travers said.
The officer replied ‘No. It depends if the evidence could be useful.’
He also admitted that he did not secure the apartment or see police security tape around the front door.
Troy Queen, the overnight doorman at the Upper Eastside apartment, said Fay started living there in mid June 2016 .
The following month, he greeted him around 3.30am returning from a night out. Asked if he was inebriated, Queen said: ‘I would say somewhat. I wouldn’t say he was falling down drunk but, based on his mannerisms, he’d had two or three drinks.
The case was heard in front of a jury at New York Supreme Court, pictured (stock photo)
‘But he was his usual self, nice and friendly, a little more personable.’
Queen said he lent Fay the spare set of keys to get inside the apartment because his friend had borrowed his key.
Two hours later he spotted a man and woman he had never seen before having a heated conversation as they got out of the elevator.
‘The young lady was emotionally upset, she was in tears, crying,’ Queen said. ‘She was aggressive verbally. It was her voice, her mannerisms. She asked me where the local police precinct was.’
He said the couple went outside for a while, then she returned and asked him to call the police, saying she had been raped.
‘She was very very emotional. She was crying hysterically,’ Queen said.
He said offices arrived in five to six minutes and went straight up to Fay’s apartment.
‘They came down with the defendant three minutes – maybe four – later,’ he added. ‘He had been placed in custody and escorted from the building.’
The trial is expected to last two weeks.