A woman raped in isolated sand dunes at Fairy Meadow Beach six years ago repeatedly begged for her life during the attack, a court has been told.
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The woman's account of the harrowing, 30-minute ordeal was made public for the first time in Wollongong Local Court on Monday as the man accused of violating her - Kane Kelly - applied for bail.
Kelly stands accused of repeatedly raping the woman in the early hours of New Year's Day during a "horrific" 30-minute long attack in which he allegedly held his forearm against her neck, demanded she take her clothes off and forced her to the ground.
The woman told police she was walking along the beach just after 2.30am when she was approached from behind by a male.
She said he pressed his forearm against her neck so she struggled to breath, prompting her to beg "don't kill me".
She claims the man initially replied "I just want sex" before pulling her into bushland and assaulting her.
She eventually saw a group of men nearby in the sand dunes, called for help and her attacker to flee, leaving behind his t-shirt.
Police will allege DNA testing on that shirt, as well as swabs taken from the woman's genitals, matched Kelly's profile.
It was revealed police already had Kelly's DNA profile on their system after he'd given a sample two years earlier during an investigation into acts of public masturbation committed in the Wollongong CBD and near the University of Wollongong over a two-month period.
Kelly was arrested at the time, questioned and provided a DNA sample but was released without charge after three of the victims failed to pick him out of a police lineup.
However, police re-opened each of the cases earlier this year, culminating in Kelly's arrest last Wednesday.
During an interview with detectives, Kelly denied committing the 2012 masturbation offences as well as the 2014 rape.
"[Mr Kelly] insisted the DNA [recovered from the rape victim] was a mistake and could not be his," police said in a court statement.
Kelly had been due to front court last week to make a bail application but was taken to hospital after falling ill.
On Monday, defence lawyer Sian Aldis claimed the case against Kelly was not as strong as police suggested, even with the advent of DNA from the scene.
"We don't know where the DNA came from - saliva, semen, skin," she said.
"Without further information it's impossible at this stage to say the police case is a strong one."
However, Acting Magistrate Robert Walker refused to release a now-sobbing Kelly, saying there appeared to be some strength to the police allegations and noting Kelly had a record for disobeying court orders.
The matter will return to court on November 27.
The allegations:
Kane Kelly stands accused of carrying out the following alleged acts:
February 1, 2012:
2.50pm: A 21-year-old woman reported running along Kenny St in Wollongong when she saw a man riding a pushbike slowly behind her.
She says he rode off down a side street a short time later but returned and she could see he had his genitals exposed and was "playing with himself".
She claims he rode up beside her and appeared to be masturbating. He smiled and rode off.
February 5, 2012:
10pm: A woman was walking on Ellen Street when she said she sensed someone behind her. She claims she turned around and saw a man pushing a bike about 30cm behind her.
She turned back and felt the man grab her from behind with his right arm, while holding his penis in his left hand. She broke free and the man rode away on his bike.
March 1, 2012:
5.45pm: A 17-year-old girl reported being approached by a man pushing a bike as she walked over the footbridge on Northfields Avenue, near UOW.
She said she moved over to let him pass, but he caught up and walked next to her.
She glanced towards him and saw he was masturbating.
6.17pm: A 41-year-old woman was riding a push bike along Northfields Avenue towards the F6 bridge near the TAFE when she saw a male riding a bike towards her.
She said when the man was within five metres of her she could see he had his pants down and was fondling his penis.
He tried to initiate eye contact. The woman reported the incident to university security.
6.30pm: A 19-year-old woman reported seeing a man holding his penis and swinging it around as he approached her on the cycle path near the F6.
She walked away and notified university security.
January 1, 2014:
2.30am: A woman said she was walking along Fairy Meadow Beach when she was approached by a man who pressed his forearm against her neck, took her up to the sand dunes and pulled her into nearby bushland.
He forced her to lay on her stomach and raped her, before ordering her to move over a wire fence.
He then forced her to remove her clothes, pushed her onto her stomach and raped her.
She managed to alert passersby and escape after about 30 minutes. The man then fled.
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