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Defence lawyer suggests sex assault claim was ‘a complete fallacy’

A former office manager standing trial for a series of alleged sex attacks on a much younger employee may have assaulted others “many, many times” and got away with it, according to his accuser.The 21-year-old man, Mr X, made the claim under cross-examination at Magistrates’ Court by Shade Subair, the defence lawyer representing Mr Y, 58, who denies ten counts of sexual assault.Ms Subair asked the witness about the last alleged attack, on June 11, 2009, when Mr X alleges he was pushed onto a bed at a guesthouse and pinned down by his manager.The attorney questioned whether he put up “any kind of physical resistance” and Mr X told her he pushed Mr Y’s hand away.Ms Subair said: “You just made that story up about pushing his hand away. The reason you just made that up is because you realised how silly your story sounds.”She accused him of lying about that just as, she claimed, he made up details about Mr Y’s right arm being extended, his left leg shaking and him smiling throughout the alleged attacks so as not to confuse himself.Mr X, who was a clerk in the office where Mr Y was general manager, replied: “To me, my story doesn’t sound silly at all.”He said if it sounded like he was repeating details so as not to get confused, perhaps that was because Mr Y’s behaviour was consistent.“Maybe it’s got something to do with Mr [Y],” he said. “Maybe it’s a habit for him. Maybe it’s a routine, it’s something he is used to.“Maybe it’s something he has done many, many times and he’s got away with it and nobody has stood up to him until this day except for me.”The defence lawyer suggested his claim that he was assaulted repeatedly between February and June 2009 was a “complete fallacy, nonsense”.Mr X replied: “It’s not. All I have told you is the truth and nothing but the truth.”Ms Subair asked if Mr X ever suffered scratches or bruising during the alleged assaults or if he ever inflicted scratches or bruises on Mr Y.The witness, giving evidence on the seventh day of the trial, said he didn’t. He said he thought about physically engaging with his boss to stop the molestation but chose not to act on the thought.Later, during re-examination by Crown counsel Nicole Smith, he said Mr Y took advantage of him because the older man knew he had recently come out of jail and was on probation.“He knew my probation officer. He was in contact with her on a regular basis. If I weren’t doing what I had to do, it was going back to my probation officer. So I did what I had to do.”He said he could have punched Mr Y but was trying to turn his life around after prison. “I think that once I would have hit him, I don’t think I would have stopped.”Ms Smith asked who had more power: him or Mr Y? The witness replied that his boss did.After the prosecution closed its case yesterday, Ms Subair told Magistrate Khamisi Tokunbo she intended to make a submission that her client had no case to answer.The magistrate gave her until Friday to file a written submission and Ms Smith until February 16 to respond. He will rule on the submission on March 3.Neither the defendant or alleged victim in the case can be identified for legal reasons.