Wollongong DJ Remzi Bektasovski has been found guilty of raping a teenage girl, after a jury came to a majority verdict on three charges in the sexual assault case.
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The 12-person jury told Judge Andrew Haesler they were able to reach a decision on two charges of sexual intercourse without consent, as well as one count of assault with act of indecency, in his Wollongong District Court trial on Friday.
The foreman delivered the verdicts of guilty to these three counts, which were met with tears from Bektasovski's family.
These three charges related to the one victim.
But the jury was not able to reach a majority verdict on a third charge of sexual intercourse without consent, which related to another complainant, and were discharged on this count.
Bektasovski, 22, was acquitted of sexual intercourse without consent causing actual bodily harm on the first teen on Thursday morning after the jury retired to consider the evidence at 1pm on Wednesday.
At about 4pm on Thursday the jury returned to tell Judge Haesler that they were still unable to reach a unanimous verdict on the three counts of sexual intercourse without consent and assault with act of indecency.
The jury resumed their deliberations about 9.30am on Friday morning to see if they could come to a majority verdict, which could be reached if 11 jurors agreed and one did not.
After more than 10 hours of deliberations over three days, the five women and seven men re-entered the courtroom about 11am Friday to deliver their verdicts.
Judge Haesler formally discharged the jury and thanked them for their service.
"It is obvious that you have paid care and attention to your duties as jurors," he said.
Bektasovski's bail was revoked and he was taken into custody.
He will face sentencing proceedings at a later date.
He will also be tried again on the count for which the jury could not reach a verdict.
The martial arts teacher was accused of sexually assaulting three teenagers on separate occasions in 2016 and 2017 in the Illawarra.
Bektasovski pleaded not guilty to all charges and claimed the sexual encounters were consensual.
During the trial, the three alleged victims gave evidence as did witnesses who were told about the alleged assaults, while supporting documents and message exchanges were tendered.
Bektasosvki also took the stand to detail his version of events.
The first teenager told the court she and Bektasovski had consensual sexual intercourse on a previous occasion after they began flirting online.
However, on one afternoon in November 2016 the teenage girl invited Bektasovski to come over to her house but after they began kissing she alleged he became "aggressive", grabbed her arms and had sexual intercourse without her consent.
However, Bektasovski denied there was ever a time when he and the teenager had non-consensual sex or that he ever became aggressive. He said they had sex on at least four occasions before the relationship ended.
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Defence lawyer Matthew Johnston cast doubt as to whether the first girl had told the third girl about the alleged rape weeks later, as the third teen did not recall the conversation.
Mr Johnston also said there was no evidence, such as text messages or a medical report, to support the girl's allegations. He also suggest the first girl could have been uncomfortable about the sexual encounter but did not communicate that with Bektasovski.
Mr Johnston went on to suggest the first woman's "perception of what occurred" might have changed over time after hearing other young women had alleged they had been raped.
The second teenager told the court she began a sexual relationship with Bektasovski in 2016 but on February 1, 2017 she said he was "persistent" in telling her he was coming to her home, despite her telling him she did not want to have sex that day.
Bektasovski sent her a message saying, "well I'm coming for it so be ready".
After he arrived at her home about 4.30pm, they went to her bedroom where they began kissing before Bektasovski asked if he could "grind" up against her before allegedly having sexual intercourse without her consent.
Bektasovski said he never went to the girl's home on the day she alleged the rape occurred as he had to finish a work job, then drove straight to teach a marital arts class.
Bektasovski said he took a photograph of his car odometre at 4.09pm that afternoon, when he arrived at the job, then took half an hour to complete the work before driving to Cringila, therefore he would not have had time to go to the girl's house.
Bektasovski claimed a series of text messages between the pair a few days later were not about the alleged rape but rather that the teen had told her friend about their "secret" sexual relationship, which he then ended.
The third teenager met up with Bektasovski so he could help her sort out a technology issue one afternoon in February 2017.
Bektasovski allegedly began trying to force the teenage girl to kiss him while they were on a bed in a granny flat at his home before she said she was coerced into performing oral sex on him.
He then allegedly had sexual intercourse without her consent in the laundry after he tried to pull down her underwear while she tried to keep them up.
Bektasovski denied the allegations made by the third teenager, saying she was the one who initiated the sexual encounter and wanted to perform oral sex on him before they had consensual sex on the bed.
Bektasovski told the court he and the teen "giggled" out of embarrassment as they had gotten "caught out" when his uncle and aunt knocked on the granny flat door.
He said they were laughing as they walked up the driveway and then said goodbye.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
