Majak Daw’s case of alleged rape begins in Australia
Majak Daw’s lawyer has suggested a girl who says she witnessed him raping her friend had made advances towards him earlier in the night.
The witness gave evidence at his trial in the Victorian County Court on Wednesday and revealed she has never discussed the events of that night in detail with the alleged victim.
Now aged in their early 20s, both women had to recall what happened on that night in Altona Meadows more than eight years ago.
The witness, who cannot be named, told the court she discovered the alleged victim and Daw lying near a creek after they left a party in Melbourne’s west in March 2007.
It was then she heard screaming and crying and she began to walk toward the cries, she said.
“When I realised who it was, I started running,” the witness said.
She said she saw Daw, then 16, on top of her friend in what looked like “a sex position”.
“She was laying down and he was on top of her.”
Daw had a hand on her friend’s chest area in a “restraining position” and her friend was squirming beneath him, the witness told the court.
“She was screaming, a mixture between screaming and crying, and not quite able to move,” the witness said.
The alleged victim’s leggings had been pulled down and her top had been pulled up so that her stomach was exposed, the witness said.
She described Daw making a “thrusting sort of movement”.
She said she threw a bottle aimed at Daw and he “quickly stood up, adjusted himself,” and then feld.
The witness wrote a letter to her friend at the time saying “you need to admit to yourself what happened, you can’t pretend any more”.
The defence suggested to the alleged victim that she was being pressured by her friend to report the rape claim.
She replied : “I knew I didn’t consent to it. I just wanted to pretend it never happened and she kept reminding me.”
The jury heard claims it was the friend that had been attracted to Daw.
“You went up to Majak and asked if you could kiss him in front of your boyfriend?” Defence lawyer, David Sexton, said to the witness.
“No, I deny that, ” she replied.
The court heard the two girls were inseparable, but when the then 15-year-old’s friend tried to talk about what happened, she wouldn’t open up.
To this day, the court was told, they have not spoken about the details of that night.
The court also heard the alleged victim was teased at school and labelled promiscuous.
The former North Melbourne footballer has pleaded not guilty to three counts of sexual assault.
Majak Daw, is a professional Australian rules footballer in the Australian Football League
The trial continues.