Alleged sex assault case: Jury out

Michael Williams Galvin (left) and Keith Issac Cook. Photo / Stuart Munro

The jury is out for the trial of two soldiers accused of sexually violating a woman by intimidating her into having a threesome in a Unimog.

The trial for Keith Williams Cook and Michael Issac Galvin began on Monday in the Whanganui District Court before Judge David Cameron and a jury of eight women and four men.

Both defendants earlier pleaded not guilty to three charges of sexual violation and three charges of indecent assault for the alleged offending following an Oktoberfest party at the Waiouru Army base on October 5, 2012.

The defence is arguing the sexual activity was consensual.Cook's defence lawyer Roger Crowley told the jury text messages sent between the accused counted as "unimpeachable" evidence while delivering his closing address this morning.

The texts in questions were sent shortly after the incident.

Galvin texted Cook saying "gutted bro, I missed out on f***ing her," Mr Crowley said, followed up by "better get her name and number so I can come up and we can do it again."

"Those exchanges demonstrate that both those boys thought what happened in the Unimog was consensual," Mr Crowley said.

"Does it offend your common sense that two men who have just sexually assaulted a young woman are talking about getting her number and doing it again?"

He said the text messages ended the crown case.

Mr Crowley pointed out a lack of resistance from the complainant during the alleged offending, though she maintains she repeatedly said no.

He said the complainant got into the Unimog of her own volition, which she accepted during cross examination earlier this week.

"With all respect to [the complainant], she wasn't getting in there for a driving lesson in the middle of the night with two men she's just been kissing," Mr Crowley said.

He also attacked the credibility of the complainant and her sister, who was called as a witness on Wednesday, and pointed out a number of inconsistencies in the complainant's memory of the night.

He said her word couldn't be accepted on the major issues if she was inconsistent on the minor issues.

One of the inconsistencies included not initially telling police she had consensual sex with another soldier earlier that night. Mr Crowley said the complainant left that information out because it "suited her".

He told the jury the complainant accused the men of sexual violation and indecent assault to quash rumours in Waiouru.

He also pointed out there was alcohol drunk on the night, which robbed all three people of their inhibitions.