EXCLUSIVE
A woman who says she was gang raped by men celebrating a bucks weekend had consensual sex with two of the group shortly before the alleged rampage.
The woman, who was 18 when she first encountered members of the party at a pub in the NSW Hunter Valley, gave evidence against her accused rapists on Friday.
Maurice Hawell, his brother Marius Hawell and their friend Andrew David have pleaded not guilty to a string of charges including aggravated sexual assault.
Three women, Miss A, Miss B, and Miss C, have told police they were subjected to sexual assaults but they cannot identify which men were allegedly responsible.
Miss A and Miss B say they were raped at the same time in an apartment rented for a bucks weekend, while Miss C says she was abused the next night.
Maurice Hawell, 30, and David, 28, say any sex they had was consensual and deny performing certain acts, while 22-year-old Marius Hawell insists he did not take part in any sexual activity at all.
The three men, all of whom are from Sydney, are facing trial together on the basis they engaged in a joint criminal enterprise.
This crime scene picture taken by police shows the living area of the Airbnb rented by the men. Miss A and Miss B say they were raped in the middle room shown with the door ajar
Maurice Hawell (pictured) has pleaded not guilty to 11 charges involving three women. The woman pictured is unrelated to the case
Maurice Hawell, his brother Marius Hawell, Andrew David and six other friends booked this Airbnb apartment in Newcastle from Friday, February 25 through to Sunday, February 27, 2022, ahead of Maurice Hawell’s wedding.
The Hawells, David and six other friends booked Airbnb accommodation in Newcastle from Friday, February 25 through to Sunday, February 27, 2022, ahead of Maurice Hawell’s wedding.
A jury sitting in Sydney’s Downing Centre District Court has been shown photographs of the apartment which have been obtained by Daily Mail Australia.
On the Friday, some of the bucks party walked to the nearby Cambridge Hotel where Miss A and Miss B were having a night out with their own friends.
Miss A and Miss B had interactions with one of the group, ‘Matt’, as well as two men the Crown says were the Hawell brothers.
Miss B said on Friday she had drunk three cans of Smirnoff Double Black before going to the pub and bought another shortly after arriving.
‘Matt asked [Miss A] to guess his culture,’ Miss B said. ‘When Matt asked [Miss A] about his culture he said, “Answer three questions – if you get it wrong then you have to kiss me”.’
The pair kissed and a man the Crown says was Maurice Hawell was introduced to Miss B as Joseph.
‘Miss B’ has told a jury she had consensual sex in this bedroom with one of the bucks group, ‘Matt’, and another man the Crown says is Andrew David
The Hawell brothers and their friend Andrew David (above) have pleaded not guilty to a string of charges including aggravated sexual assault. Three women have told police they were subjected to sexual assaults but they cannot identify which men were allegedly responsible
Miss B said she was ‘a bit hesitant’ when she and Miss A agreed to go back to the Airbnb with Matt and ‘Joseph’. ‘I didn’t know where we going,’ she told the jury.
Once inside the Parry Street apartment, Miss B said she noticed a kitchen and open-plan lounge area as well as two of the bedrooms. ‘It looked nice,’ she told the jury.
Miss A, who like Miss B, gave her evidence via audio-visual link, had remembered the state of the property differently.
‘I remember the kitchen being a mess,’ she said in one her police statements. ‘There were shot glasses all over the place.’
Judge Gina O’Rourke observed such opinions were subjective. ‘What’s messy for one may not be messy for another,’ she said in front of the jury.
Miss B went into one bedroom with Maurice Hawell, who she only ever knew as ‘Joseph’, before Miss A went with Matt into another.
‘Joseph grabbed my arm and said, “Come on”,’ Miss B said. ‘I said, “I need to say goodbye to my friend first”.’
Miss B and Maurice Hawell had consensual sex during which he allegedly suggested they invite another member of the group for a threesome.
‘He asked if his friend could join,’ Miss B said. ‘I said no’. Maurice Hawell allegedly then said, ‘It’s my twin brother’.
Maurice Hawell, 30, and Andrew David, 28, say any sex they had was consensual and deny performing certain acts, while 22-year-old Marius Hawell (above) insists he did not take part in any sexual activity
Miss A and a man the Crown says was Maurice Hawell had sex in this bedroom. Miss A and Miss B have both said they were later raped in the room by men they cannot identify
Miss B said she eventually agreed and Maurice Hawell made a phone call. They were still having sex during that conversation and when a second man entered the room.
‘He asked if he could take his pants off,’ Miss B said of the new arrival. She replied, ‘Whatever’.
Miss B performed a sex act on the second man – who the Crown says was David – and they had intercourse, all of which was consensual.
When that encounter was finished, a third man the Crown says was Marius Hawell allegedly entered the room and according to Miss B asked how she was feeling before sexually touching her.
Miss B said she went into the other bedroom and found Miss B with Matt and the two women went together to the bathroom.
They then went back into the bedroom where Miss A had previously had sex with Matt so they could collect their phones and return to the Cambridge.
Miss B said when they entered the bedroom the light was on but it was turned off by somebody. ‘I got pushed on the bed,’ she told the jury.
Miss B said she was on her back when two men began sexually assaulting her.
Miss A has given evidence she was being sexually assaulted at the same time but did not know Miss was in the room with her.
‘[Miss A] asked where was Matt,’ Miss B said. More than one male voice replied, ‘I’m Matt’, she told the jury.
Matt is not accused of having committed any wrongdoing at any time and has never been charged with any offence in relation to what happened in the apartment.
Miss A has said when she and Miss B left the Airbnb they returned to the Cambridge with Matt, who she again kissed on the dance floor.
She had told her friends about having sex with Matt but did not mention being assaulted by anyone.
‘I just kept the whole group thing to myself,’ Miss A told the jury. ‘I was embarrassed and ashamed of what had happened.’
Miss A said she exchanged phone numbers and Snapchat details with Matt and days later sent him naked pictures of herself.
‘I still wanted to get to know him,’ she said. ‘He was still cool and funny.’
Maurice Hawell and David are charged with eight counts of aggravated sexual assault in company and one count each of aggravated sexually touching another person and attempted aggravated sexual assault in company.
Marius Hawell is charged with six counts of aggravated sexual assault in company and one count each of aggravated sexually touching another person and attempted aggravated sexual assault in company.
Miss B will resume her evidence when the trial continues on Monday.
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