A Sydney Australia police officer says she woke up to find a senior colleague half naked and sexually assaulting her “with a grin on his face” after an office party, a court has heard.
Timothy John Snow is accused of getting into bed with the woman, who cannot be identified, and touching her genitals, after she earlier rejected his advances during the party to farewell a colleague in February 2011.
Mr Snow, who held the rank of sergeant at the time, has pleaded not guilty to having sexual intercourse with the woman without her consent and to the alternative charge of indecent assault.
On the opening day of Mr Snow’s trial, Crown prosecutor Frank Veltro said members of a Sydney police squad stayed in a rented apartment on the night of February 17, after a day of golf, drinks and a meal
“During the course of the speeches a few of the officers moved outside and the complainant found herself sitting next to the accused,” Mr Veltro told the jury at Downing Centre District Court on Monday.
“It’s then the accused placed his hand on her thigh. The complainant picked it up and took it off, but he replaced it.
“The complainant became upset … and even angry and got up and walked away.”
Later that night several colleagues went back to their accommodation and, after lying on the couch with Mr Snow during a group conversation, the woman took a sleeping tablet and got into the bed she was sharing with a female colleague.
Mr Veltro said the colleague will give evidence she heard Mr Snow say “I love you” to the woman, who said, “You can’t, you just need to forget me.”
The trial will be told Mr Snow later returned to the room and got into the bed, before the female colleague left the pair alone, Mr Veltro said.
The alleged victim will give evidence she was asleep and woke up to find her pyjama pants were missing and Mr Snow, who was wearing boxer shorts, was touching her.
“She opened her eyes and saw it was the accused with a grin on his face,” Mr Veltro said.
Mr Veltro said Mr Snow knew the woman was not consenting because she was asleep and he knew she had taken a sleeping tablet and drunk alcohol that night.
Defence barrister Raymond Hood urged the jury to use their common sense when considering the evidence.
Mr Hood said the woman had laid her head in Mr Snow’s lap while they were on the couch before the alleged incident and allowed him to stroke her hair.
There would be evidence the woman also called Mr Snow the next morning, Mr Hood said.
He said the jury would have to consider whether the woman’s evidence, which will be heavily relied on by the Crown, was accurate.
“The lady well knew what was taking place that particular time and she was consenting to what was taking place at that particular time.”
The trial continues before Judge Brian Knox