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Defendant in rape case denies lying

A man accused of forcefully taking his ex-girlfriend to his home and raping her has denied allegations that he was lying about his version of events.

The man told the court the woman?s breath smelt of alcohol and she was wobbly on her feet on the night of the alleged assault on May 26, 2004.

But Crown counsel Carrington Mahoney questioned why the man didn?t tell Police that detail in either his statement or interview on May 27 and 28.

?You lie ? you are just building the story as you go along,? suggested Mr. Mahoney.

The 24-year-old St. David?s man, represented by lawyer Elizabeth Christopher, has denied charges of unlawful assault occasioning bodily harm, depravation of liberty and sexual assault for the incident.

The court has heard that an argument broke out over the phone between the man and his ex-girlfriend while she was at Harbour Nights ? the man had heard two male voices in the background and accused her of ?double-dating? before she hung up the phone on him.

He showed up to her home later that evening and allegedly hit her on the side of her head, knocking off her helmet before a ?scuffle? had begun. The woman alleges she was choked and knocked in the nose in addition to sustaining scratches and abrasions to her neck and face.

It is then alleged the man took her from her home and drove her to his house where he allegedly raped her.

The man told the court: ?I never took her from home. We walked outside to talk.?

While the man maintains he was only ?a little annoyed? upon arrival at the woman?s house, Mr. Mahoney suggested he was jealous and upset at the time.

He said: ?I am suggesting all that happened was the relationship between you and [the alleged victim was over and you had a hard time accepting it. You were upset she went out that evening and hung up the phone in your ear. To add insult to injury you heard the voice of another man in the background.?

Mr. Mahoney proved to the five-woman, seven-man jury the man had lied to officers while in custody as he told them he was calling his employer but had called the woman instead.

The court also heard the man became tearful at the end of his Police interview and Mr. Mahoney suggested that the reality had set in, but the man disagreed and said he was emotional because ?I was accused of a disgusting act that I could not commit anywhere, anyhow?.

While the man and the alleged victim had been broken up since December 2003, the court heard they stayed in close contact up to the incident and even continued sexual relations after the alleged assault from November 2004- April 2005.

Mr. Mahoney referred to this situation in his closing argument and said: ?You may say that may be very foolish on her part, but even fools can be raped.?

The trial continues today with Ms Christopher?s closing argument.