The 13-cap footballer, who plays for League One Chesterfield, left a hotel via a fire escape following the alleged rape, a jury was told
Footballer Ched Evans raped a woman who was too intoxicated to consent in a hotel room before leaving through a fire escape door, a court has heard.http://www.walesonline.co.uk/news/wales-news/ched-evans-rape-trial-live-11974940
The 27-year-old former Wales striker, who now plays for League One side Chesterfield, is facing a retrial over allegations he attacked the complainant in May 2011.
Evans was previously found guilty of rape but this conviction was later quashed by the Court of Appeal, Cardiff Crown Court was told.
Former Manchester City and Sheffield United player Evans denies the single charge of rape against him.
On the first day of the retrial a jury of seven women and five men were told the alleged attack took place in a room at the Premier Inn near Rhyl.
The victim, who cannot be named, arrived at the hotel with a man called Clayton McDonald, who had been out drinking and socialising with Evans.
Simon Medland QC, prosecuting, said Mr McDonald phoned Evans from a taxi in the early hours of the following morning to tell him: “I’ve got a girl.”
Evans is said to have arrived at the hotel room about 15 minutes later. Both men separately had sex with the victim, it is alleged.
McDonald was later acquitted of raping the woman while Evans was convicted of the offence following a trial at Caernarfon Crown Court.
“There is no room for concluding that the complainant could have consented to sex with this defendant,” Mr Medland told the jury.
“We submit that the evidence will show that the only connection between Ched Evans and the complainant was once he was in the hotel room with the ‘girl’ which McDonald had ‘got’.
“Did he have sex with her whilst McDonald was himself present?
“Was this what the complainant was consenting to?
“We submit that she was that intoxicated that she didn’t really know what on earth was happening....and that she was raped by this young footballer, not that she had consensual sex with him.
“Sex without consent is rape.
“Having finished in that room, Ched Evans, then left surreptitiously by the fire exit door, not going back through the reception of the hotel.”
Case adjourned until tomorrow
Mrs Justice Davies has left the courtroom and the case will resume at 10.30am tomorrow.
Alleged victim to give evidence tomorrow, jurors told
Mr Medland said there will be no witnesses called today.
The complainant will give her evidence tomorrow.
The jury will be shown her police interviews on video.
She will then be questioned by the barristers in court.
That is the end of the opening.
The case will resume at 10.30am.
Mrs Justice Davies has reminded the jury not to talk about the case or research it.
Jury provided pictures of the hotel where alleged rape happened
The jury bundle also contains photographs of the hotel room.
The alleged incident occurred in room 14 at the Premier Inn in Rhyl.
There are photographs of the bedroom, bathroom, corridor, fire door, and path outside.
Bruises on complainant's skin
The jury are now being shown a diagram of injuries found on the complainant following the incident.
The court heard bruises were found on her skin.
The jury are also being shown a map of Rhyl, where the incident occurred.
Zu bar, where both Evans and the complainant had been, as well as the takeaway and the hotel are marked on the map.
Issue of consent 'central'
Mr Medland submitted it was not consensual sex between Evans and the complainant.
He added: “Sex without consent is rape.”
The prosecutor said Evans left “surreptitiously” through a fire exit following the incident.
Mr Medland said the issue of consent was the central point of the case.
The prosecutor told the jury Mr McDonald was found not guilty of raping the woman by a jury at the original trial.
Mr Medland added: “You will judge this case on all the evidence you hear in this trial rather than any conclusions arising from what you might know of the first trial.”
Receptionist 'heard sex in hotel room'
Mr McDonald and the complainant went to room 14 at the hotel, on the ground floor.
Around 15 minutes later the defendant arrived and asked for a key to the room, which he was given.
The receptionist later went to check the hotel and could hear people having sex inside room 14.
He later reported hearing “squealing” from the room.
'I've got a girl'
The prosecutor described the complainant as “drunk” and “stumbling”.
The court heard Evans’ friend Mr McDonald got in a taxi with the complainant back to the Premier Inn.
Earlier that evening, the prosecutor said, a room had been booked at the hotel in Mr McDonald’s name - but the £92 charge was paid by Evans using his own address.
The court heard during the taxi ride Mr McDonald called the defendant to say: “I’ve got a girl.”
Around 4am on May 30 a night receptionist at the Premier Inn saw Mr McDonald and the complainant get out of a taxi.
The receptionist noted the woman had a vacant expression on her face.
The court heard Evans arrived 15 minutes after Mr McDonald and the woman.
Evans was 'out on the town'
The court heard the alleged victim had a “vague” recollection of going to a takeaway after drinking in a bar in Rhyl.
At around 3.10am she appeared “really drunk and could not speak properly”, said Mr Medland.
The prosecutor said she was “heavily intoxicated” when she left the bar and went to the takeaway.
Mr Medland added Evans was “out on the town” with friend Clayton McDonald.
Alleged victim 'quite drunk'
The incident occurred at the Premier Inn in Rhuddlan.
The court heard the complainant went out after work on the day of the incident.
She met with friends at a bar in Rhyl.
The prosecutor said the complainant and her friends were “quite drunk”.
Mr Medland said she believed her drink may have been spiked but he stressed there was no evidence that Evans spiked her drink.
Evans was a Sheffield United player at the time of the alleged rape
The court heard the alleged incident occurred in the early hours of the morning five years ago.
The complainant was a teenager at the time, working as a waitress, and Evans was 22, playing for Sheffield United.
Prosecutor calls for 'cool, calm and objective' assessment
Mr Medland told the jury: “Concentrate on a cool, calm and objective assessment of the evidence in this trial.”
The jurors are now being handed a copy of the indictment, which contains one count of rape.
The charge relates to May 30, 2011.
The prosecution case has begun
The prosecutor is now opening the case.
He said: “You are the judges of the facts in this case.”
Evans faces one count of rape.
Mr Medland said: “Rape is an emotive subject.”
He is asking the jury to put aside any preconceptions and try the case on the evidence.
The prosecutor described Evans as “a well-known footballer”.
Jury now in the courtroom
The jurors have just been brought into the courtroom.
The two reserve jurors will replace two of the others who were previously selected.
The jury is now made of seven women and five men.
Evans is supported at court by his fiancee
The Chesterfield striker arrived at court this morning hand in hand with his partner Natasha Massey.
Court reassembling
The barristers are coming back into the courtroom now and Evans has just been let back into the dock.
Prosecution case set to open
The hearing is due to resume at 2pm. Prosecutor Simon Medland QC will open the case.
Case adjourned until 2pm
The judge has now left the courtroom and the case has been adjourned until 2pm when crown prosecutor Simon Medland QC will open the trial.
Jury told defendant's case is a retrial
Mrs Justice Davies said: “This case has a history.
“During the course of this trial you will hear that there had previously been a trial of this defendant and Clayton McDonald at Caernarfon Crown Court.
“Mr McDonald was acquitted. This defendant successfully appealed and this is the retrial.
“If you have heard or read about it you must ignore anything you have heard or read.
“You are to try the case on the evidence you will hear in this trial.
“You must assess the evidence calmly and objectively.
“That is the strongest warning I can give you and you must heed it.”
Jury set to return at 2pm
Judge briefing jurors
The clerk has read the charge to the jury.
Evans denies one count of rape, relating to May 30, 2011.
The judge is outlining some further details to them.
During her briefing to the jury the judge said her role is to deal with matters of law and their role relates to the facts of the case.
Mrs Justice Davies is telling the jurors not to discuss the case with anyone.
The jurors have been told not to research the case online and specifically told not to use Facebook or Twitter.
Prosecutor will open the case at 2pm
Judge explaining to the jury that the case will be opened at 2pm and that they won't hear any evidence today #chedevans
Judge's advice to jurors
Jury of six men and six women chosen
The jurors are now being called to sit on the jury bench.
The jury is made up of six men and six women.
Two reserve jurors have also been selected.
They are now taking the oath and Evans must state if he recognises any of them.
Case relates to an incident at a Premier Inn in Rhuddlan, potential jurors told
The prosecutor told the jury all the witnesses are from North Wales.
He said the case relates to an incident at a Premier Inn in Rhuddlan.
The jurors have been asked to state if they know any of the witnesses involved in the case.
Potential jurors in court
The potential jurors are now being brought into the courtroom.
The jury will be made up of 12 jurors and they must be selected from this group.
They are standing in the corner of the courtroom, next to the jury bench.
They will now be read the names of all witnesses in the case.
Jury selection set to begin
Mrs Justice Davies has just come back into the courtroom and the prosecutor said they are ready to swear in a jury.
Evans has just been shown back into the dock. He’s talking to the security guard as we wait for the judge to come back into the courtroom.
Hearing appears to be reconvening
The judge didn’t say how long the adjournment would be. A few of the barristers are coming back into court now.
Prospective jurors due shortly
The potential jurors will arrive around midday so it is possible a jury will be empanelled before the lunch adjournment at 1pm.
Brief adjournment
There’s currently a short adjournment in proceedings and the judge has left the courtroom.
Prosecution opening may take place at 2pm
The scene in Court Five at Cardiff Crown Court
Court Five at Cardiff Crown Court is a medium-sized courtroom and is very full this morning.
Mrs Justice Davies sits at the front, at a large wooden desk, wearing red robes.
The court clerk sits directly in front of her, with an usher on her right.
When witnesses are called, they will give evidence from a witness box on the judge’s right.
The jury, which will be made up of 12 jurors, will sit on a bench on the judge’s left.
The press bench, which is full today with about 20 journalists covering the case, is on the judge’s right, behind the witness box.
Crown prosecutor Simon Medland QC and defence barrister Judith Khan QC sit on the front bench facing the judge.
Behind them are assisting proseutor John Philpotts and assisting defence barrister David Emanuel, plus solicitors.
Defendant Ched Evans sits right at the back of the courtroom in the dock with a security guard.
The barristers are still discussing legal points with the judge before a jury is selected.
Defendant wearing earphones in the dock
Evans is wearing earphones, which are given to defendants to help them hear clearly what is being said in court, as he sits in the dock.
Legal discussions ongoing
Prosecutor Simon Medland QC and defence barrister Judith Khan QC are now discussing some legal matters with Mrs Justice Nicola Davies.
Prosecution case expected to begin today
The judge has just confirmed that no witnesses will be called today but prosecutor Simon Medland QC is due to open the case later today.
Judge's reminder
Mrs Justice Davies has just reminded everyone in court that the complainant in the case has the automatic right to lifelong anonymity.
Footballer Evans now in the dock
Evans has just been shown into the dock, which is fronted by large glass panels.
Two microphones sit between the panels and one hangs down from the ceiling.
He is wearing a dark suit, white shirt and tie and is sitting with one security guard.
Mrs Justice Davies DBE has just come into the courtroom.
The usher has just confirmed representation.
The crown proseutor is Simon Medland QC, assisted by John Philpotts.
Evans is represented by Judith Khan QC, assisted by David Emanuel.
Legal staff arrive in court
Evans will appear in the large glass-fronted dock at the back of the courtroom.
The barristers are just walking into court now, holding a lot of books and folders.
The case will be prosecuted by John Philpotts QC.
Evans is represented by Kieran Vaughan QC.
The hearing is taking place in courtroom five, which has just been opened to the press and public.
The press bench is full with around 20 reporters covering the case, which is listed for 10.30am.
Ched Evans arrives at court
Ched Evans arrived hand in hand at court with his fiancee ahead of his rape trial.
The 27-year-old walked into Cardiff Crown Court with partner Natasha Massey and was photographed by a large number of photographers waiting outside.
No comments:
Post a Comment