Failure to investigate potentially critical evidence in sex assault trial

Craig Thornton, 58, allegedly dragged a 19-year-old woman into his office and sexually assaulted her two years ago.

He has pleaded not guilty in a Warrnambool County Court trial to assault with intent to commit a sexual offence, abducting or detaining a person for the purpose of sex, and four counts of sexual assault.

Barrister Rahmin de Kretser, representing Mr Thornton, said police failed to attend Mr Thornton's premises to confirm whether an item of clothing had been left by the complainant.

Jurors were told the accused man repeatedly urged police to find the item as its location could support his claims he did not drag her and that she willingly took the article of clothing off before entering his office.

The complainant has denied that claim.

Mr de Kretser said the investigator's failure to attend the premises disadvantaged Mr Thornton as it impacted his ability to defend himself against the charges, and that the item of clothing was not a red herring as suggested by the prosecution.

Judge George Georgiou instructed the jury on Thursday, July 11, to take that disadvantage into consideration when determining whether the prosecution had proven the accused man's guilt to the standard of proof - beyond reasonable doubt.

He said the police informant agreed under cross-examination that with the benefit of hindsight, going to the premises and locating the item would have been useful for the investigation.

Jurors will retire to deliver their verdict after the conclusion of the judge's charge, which involves a summary of the evidence, arguments and the law jurors must apply to the evidence.

Earlier, Wednesday: Jurors will soon retire to consider their verdict in the trial of a former Hamilton racehorse trainer accused of sexually assaulting a woman almost 40 years his junior.

Craig Thornton, 56, has pleaded not guilty in the Warrnambool County Court to assault with intent to commit a sexual offence, abducting or detaining a person for the purpose of sex, and four counts of sexual assault.

It is alleged the man dragged the 19-year-old woman into his office where he sexually assaulted her two years ago.

In closing addresses on July 8 and 9, 2024, crown prosecutor Yildana Hardjadibrata said Mr Thornton could not reasonably believe the alleged victim consented to him kissing her neck and touching her on her breast, as well as over her clothes.

He said the woman said "no" and that after the alleged incident she fled home where she was "distressed, crying" and in a state her then-boyfriend had never seen her in before.

Mr Hardjadibrata urged the jury to reject Mr Thornton's claims the alleged victim showed her breasts as a birthday present to him.

He said in a police interview the woman said she was extremely upset, terrified, disgusted and still in shock.

Barrister Rahmin de Kretser, representing Mr Thornton, said lies could manifest from fear, regret and shame, and that the jury should be unable to reject the possibility the complainant told her boyfriend an exaggerated version of what happened, leading him to suggest they go to the police.

He said the woman lied in cross-examination about her openness about her personal life, and that she was questioned about social media posts she shared in order to question her credibility.

He said the posts supported Mr Thornton's account that she was not shy about her body confidence.

Mr de Kretser said his client did not abduct, detain or assault the complainant.

The jury is expected to start deliberating on Thursday after hearing from Judge George Georgiou.