A “good Samaritan” interrupted an alleged rape after becoming suspicious and took a picture, a court heard.
Remus Hamza, 40, is accused of raping a 20-year-old woman in Cardiff city centre during Freshers Week last year.
It is alleged Hamza preyed on and raped the woman, who cannot be named for legal reasons, behind a bush near the National Museum Cardiff on September 20.
A jury was sworn at the beginning of the trial at Newport Crown Court.
Romanian national Hamza, of Riverside, Cardiff, admits having sex with the woman but claims it was consensual.
Prosecutor Claire Pickthall told the court the alleged victim was “heavily intoxicated” after a night out in the city centre and could not remember the alleged incident.
She said: “The defendant had sex with her behind a bush by Museum Avenue in Cardiff city centre
“She was simply making her way home having spent the evening in the city centre with friends.
“She had the misfortune to stumble into the path of Remus Hamza.”
CCTV footage
The court heard the woman left Pryzm nightclub in Greyfriars Road at around 2am after losing her friends.
She was captured on CCTV walking towards the Hilton Hotel, and then walking under the subway towards City Hall and the museum.
The defendant was then seen on CCTV walking in the same direction as the woman, but they walked out of sight of the camera.
A witness Lee Meale saw the woman and the defendant walking ahead of him and became concerned.
He followed them but they walked down the side of the museum and out of sight.
Having been uneasy about what he saw, Mr Meale followed them.
He claims he discovered the defendant on top of the woman who was lying on the ground. He then took his phone out of his pocket and took a photograph.
The flash went off and disturbed Hamza, who it is claimed ran off.
The woman went up to Mr Meale and asked him for assistance.
He claimed she was “clearly intoxicated” and he called the police.
Prosecution case
When the police arrived, the woman was confused and claimed Mr Meale had sexually assaulted her.
Mr Meale was arrested and interviewed but Ms Pickthall said it soon became clear that he was the “good Samaritan”.
When the woman was examined, DNA evidence matched the defendant and he was subsequently arrested on
September 24.
Over the course of two police interviews, Hamza said he had come home from work at 12am and decided to go for a walk.
He added that he came across the woman, grabbed her bottom and kissed her while she laughed.
He then claims he led her to a bush where they laid down, she took her knickers off and had consensual sex.
Hamza claims he thought the man who took the photograph was the woman’s husband which caused him to run off.
Ms Pickthall said: “The prosecution say these circumstances amount to rape. He was preying on single drunk females.
“The fact (the woman) was so drunk made her an easy target and she was in no position to consent to sex.
“She had lost the ability to engage with sex. Sex with a stranger behind a bush, who she had not spoken to or laid eyes upon.
“In having sex with her in that state, there can be no doubt the defendant raped her. He did not reasonably believe she was consenting to have sex with him.”
Alleged victim cross examined
The photograph taken by Mr Meale was shown to the court and a police interview of the alleged victim was also shown.
The woman herself attended the court and was questioned by Ms Pickthall and then cross examined by defence barrister David Pinnell.
Mr Pinnell said: “You wouldn’t be able to say to me whether you remember consenting to any sexual activity that night or not.”
When the woman said she would, Mr Pinnell asked her why.
She said: “I am a 20-year-old woman who knows myself and I have got a moral compass. I wouldn’t have consented to that with a complete stranger.”
Mr Pinnell added: “You were happy to lie on the ground and have consensual sexual intercourse with Mr Hamza weren’t you?
“Your memory of this incident being what it is, I suggest although this is out of character you were a willing participant.”
Breaking into tears, the woman denied this.
Witness Mr Meale also gave evidence and told the court he took the picture because he was “suspicious”.
He said: “I saw a man on top of a lady and that’s when I took the picture.
“I haven’t got a clue why I did it, I was trying to do good.
“Before I took the picture I had concerns. If they weren’t a couple there could be sinister goings on.”
Mr Pinnell claimed that Mr Meale was not concerned about what he had seen as he did not ring the police straight away.
Mr Meale said: “I had my suspicions.”
see-http://www.walesonline.co.uk/news/wales-news/cardiff-rape-accused-preying-single-10896328
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