Callan Sinclair has failed to recall when he spoke to a 19-year-old woman about having a threesome with rugby league player Jack de Belin before they went back to an apartment after a night out two years ago.
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The 23-year-old gave evidence and was cross-examined on Friday during his and 29-year-old de Belin's sexual assault trial in Wollongong District Court.
The pair stand accused of jointly raping a woman in a Gipps Street, North Wollongong apartment after they met at Mr Crown nightspot.
The pair have pleaded not guilty to five counts of aggravated sexual assault and claim the sexual intercourse was consensual.
Crown prosecutor David Scully questioned the Shellharbour Sharks player about what he said to the woman while at the nightspot to ensure she wanted to have a threesome with the men.
"When you went back to the unit, you wanted to have consensual sexual intercourse with the complainant?" Mr Scully asked.
"Yes" Sinclair replied.
"You wanted to have a threesome with the complainant and Mr de Belin, is that right?" Mr Scully said.
"Yes," Sinclair replied.
"But you had not discussed that with the complainant at all, had you?" Mr Scully suggested.
"I can't recall," Sinclair said.
Sinclair told the court he was not planning on having a threesome that night but after de Belin suggested, "you me and [complainant]" he said he was "keen".
Sinclair said he had "assumed" de Belin had spoken or asked the woman whether she wanted to have a threesome but could "not recall" whether he discussed the topic with her.
He said the topic of going back to an apartment was discussed when the woman was in the group with Sinclair, de Belin and Matthew Clune while they waited for a taxi.
"Can I suggest to you there was never any discussion, in the complainant's presence, about going back to the apartment at the taxi rank," Mr Scully said.
"That is incorrect," Sinclair replied.
"She was of the belief she was going to Fever," Mr Scully suggested.
"That's incorrect," Sinclair said.
Sinclair told the court his level of intoxication was a "6 or 7 out of 10" when he left Mr Crown before being shown CCTV footage of him swaying, or struggling to stand straight.
He denied the suggestion he was more intoxicated than he thought.
Sinclair said he was intoxicated but was "in control" and did not have any trouble giving the woman a piggy-back to the taxi rank or getting over the fence at the apartment complex.
During his evidence in chief, Sinclair told jurors a similar version of events to what de Belin described on Thursday, including what happened in the apartment.
That included him kissing the woman after she used the bathroom, that she took her own top off, and de Belin, after finishing in the shower, came over and started kissing her.
Sinclair claimed de Belin and the woman started kissing on the bed, before she lay back and assisted de Belin to take off her pants, before he gave her oral sex, then had vaginal sex.
Sinclair claimed the woman gave him oral sex at the same time, and the men swapped positions two more times before he went to have a shower.
Upon re-entering the room, he saw the woman and de Belin continuing to have sex, where he claims he could hear her "moaning" and saying "yes" before they finished on an ottoman.
Sinclair denied Mr Scully's suggestion that de Belin took the woman's top off and forcibly pushed her onto the bed.
"You weren't in any way expecting he would do such a thing, but when he did that, you joined in, didn't you? Mr Scully asked.
"No," Sinclair replied.
"I suggest she was not saying "yes, yes" or moaning in pleasure," Mr Scully said.
"I disagree," Sinclair replied.
He also denied the woman was crying, saying "no", and that caused him to lose his erection.
Sinclair went on to deny the allegations he said, "show us your rack", that de Belin removed her shorts without her assistance and that de Belin did not give the woman oral sex.
Mr Sinclair rejected the claims he knew the woman was not giving consent, that they forced their penises into her mouth and that they were cheering each other on.
"When you swapped over, was there any discussion with the complainant about that?" Mr Scully said.
"It was just mutual ... It just sort of happened," Sinclair said.
"Did she say or do anything?" Mr Scully asked.
"I can't recall specifics," Sinclair replied.
Sinclair went on to deny he used moisturiser to lubricate the woman's anus before he tried to penetrate her, and said he didn't recognise the moisturiser bottle on the ensuite sink when shown a police crime scene photo of it.
The trial continues.
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