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 Jury set to determine fate of local man 

Jury set to determine fate of local man

16/05/2008 10:21:00 AM
His Honour, Justice Woods will address the jury today before they determine the fate of Dubbo businessman Barry Weldon who has this week faced trial at the Dubbo

District Court, sitting in Orange.

Mr Weldon has pleaded not guilty to allegations he attempted to have sexual intercourse with the alleged victim and, while doing so, maliciously inflicted actual bodily harm.

The complainant, a Dubbo woman, can not be identified because of a suppression order placed by the court.

The crown and the defence yesterday made their closing arguments to the jury, both highlighting that Mr Weldon and the woman had been intoxicated to some extent at the time.

The defence also called three character witnesses who all attested that Mr Weldon was an “honest” and reputable man in the community.

Mr Weldon’s barrister argued that his client, a man of 133kg, could have achieved by physical force what the charge described, if that was his intent.

“If he was trying to do this terrible act against (her) will, it’s very unlikely he would not have succeeded by some extent, at least,” he said.

The defence also pointed out alleged inconsistencies in the woman’s version of events, saying an early report to a police officer did not include the allegations that Mr Weldon attempted digital penetration, “the crucial fact that must be proven beyond a reasonable doubt”.

However, the crown prosecutor urged the jury to “use your commonsense”, saying the woman would have been experiencing a “range of emotions” at the time.

In his closing address, the Crown also said the woman’s version of events were supported by an “independent witness” in the taxi driver that took her home on the night.

Earlier this week the driver testified that the woman said something similar to, “you’re not staying here” to Mr Weldon when she was getting out of the vehicle.

The defence yesterday accused the woman of being “overly expressive in the witness box” and, “at times, put on a bit of an act”.

The court was closed this week when she gave evidence.

Mr Weldon’s barrister also reiterated that there was no DNA evidence and said forensic evidence was “neutral”.

The trial is expected to conclude today.

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