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The Canberra Times
The Canberra Times
National
Toby Vue

'I woke up in this man's house': Busker on rape charge rescued woman, court hears

Canberra busker Wallace Nya Quoibia has pleaded not guilty to engaging in sexual intercourse without consent. Picture by Rohan Thomson

A woman broke down in tears as she told police about finding a busker allegedly on top of her after she "blacked out" at Mooseheads, but her aunties were told the accused rescued her instead.

An ACT Supreme Court trial beginning on Monday heard that Wallace Nya Quoibia last December took a heavily drunk woman back to his unit after he found her alone at Glebe Park.

The prosecution's case is that the accused, 55, raped the complainant, in her 20s, while she slept on his bed.

Quoibia, who has pleaded not guilty to sexual intercourse without consent, later took her to one of her family member's house where two of her aunties were told he had rescued her.

Prior to being taken to his place, the complainant and her cousin had been drinking in the latter's unit in Reid before they went to the popular city venue where Quoibia was busking nearby.

The complainant was the first to give evidence and her interview with police was played to the court.

"After my third drink [of Smirnoff], I guess I just blacked out. The next day, I woke up in this man's house ... this guy's apartment," she told police last December.

"He just kept saying to me 'I could not leave you in the park alone'."

Breaking down in tears, she said the accused said he found her "in the park with my pants down to my ankle and I was sleeping" and that when she woke up at one point, he was allegedly on top of her.

The court heard Quoibia also participated in a police interview in which he said the complainant accepted his offer to go to his place.

He then flagged down a taxi and while inside, the complainant tried to kiss him.

He told police that while at the unit, he came out of the bathroom to see the complainant naked on his bed before rebuffing her.

She went to sleep while he remained awake for the rest of the night.

Quoibia told police no sexual activity occurred and that he later drove her to a family member's house where he remained for some time before leaving.

In her opening statement, prosecutor Sofia Janackovic said the complainant would give evidence she did not consent and that the accused told her he loved her.

Ms Janackovic said the complainant would also testify about disclosing the pain in her genital area to one of her aunties before they notified authorities.

The court heard a forensic biologist would give evidence that neither semen nor DNA of the accused were found from a swab of the complainant's genital area.

Ms Janackovic, however, said the expert would testify about how the passage of time and whether ejaculation occurring impacted the recovery of such evidence.

"When assessing the evidence, apply your common sense, your life experiences, and what you know about human nature and all of its complexities and frailties," she said.

CCTV evidence, including footage showing a man alleged to be Quoibia lighting a cigarette and facing a bush at the park before he had his arms around the complainant's waist, will also be played.

Defence lawyer Sarah Baker-Goldsmith said Quoibia did take the complainant back to his room, but there was no sexual contact and no sexual intercourse between them.

"Mr Quoibia did talk to police and he did so voluntarily and he provided his DNA voluntarily," Ms Baker-Goldsmith said.

"You'll hear what Mr Quoibia says happened directly from him as the prosecutor will show you a video of the interview he did with police.

"It's about whether you can be satisfied beyond reasonable doubt as to whether Mr Quoibia did in fact do what [the complainant] says he did.

"Whether her evidence is reliable, whether her evidence is cogent, and whether it is compelling to a level where you are satisfied beyond reasonable doubt."

Ms Baker-Goldsmith told the jury "you won't be satisfied beyond reasonable doubt of these things".

Other witnesses to give evidence are family members of the complainant, who is expected to continue giving evidence on Tuesday.

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