He accepted he blocked out a part of the van’s entrance window when his colleague went to get cigarettes and the lady lay handed out on the bench seat.
However Mr Setto stated he did so out of concern somebody would look in and see her “laying like a dead person”.
The girl, who’d requested for a elevate residence after leaving a home celebration, stated she woke to the window blacked out and Mr Setto transferring her left leg behind the steering wheel and her proper leg behind the driving force’s headrest.
She initially stated Mr Setto pulled her tight-fitting shorts down, raped her and pulled the shorts again up.
However underneath cross-examination, the now-29-year-old wasn’t certain if the pants or legs moved first.
A physician later recalled the lady telling her on August 13 that the pants have been pulled “off”.
Mr Setto’s barrister Peter Williams requested the jury to make use of their widespread sense about what he described as “the crux” of the case.
“You would have very grave doubts about her credibility,” Mr Williams stated in his closing tackle.
“That’s the crux of it. That’s how she said there was intercourse.”
One witness recalled the lady stated Mr Setto and his colleague “were all over me and touching me” whereas a male paramedic stated the lady advised him the van driver had tried to seize her leg and kiss her.
“Has he made that up?” Mr Williams stated.
The Crown stated the lady’s account is strengthened attributable to her fast experiences of rape to Setto’s colleague, a restaurant employee, a paramedic, police and a physician.
His DNA being linked to a swab of the lady’s vulva powerfully supported the rivalry he had sexual activity together with her, the Crown stated.
Bruising and scratches on her legs additionally supported her model.
The defence pointed to knowledgeable proof that male DNA would even be anticipated contained in the vaginal canal if full penetration had occurred.
Choose Sarah Huggett advised the jury they need to have in mind uncontested proof about Mr Setto’s good character and lack of legal historical past.
The alleged incident occurred after the lady was adopted out of a small inner- Sydney gathering by a person who’d made undesirable advances.
She had already referred to as an Uber however approached Mr Setto’s colleague and requested for a elevate to her close by residence.
The girl alleged the boys refused to let her out once they approached her avenue and he or she handed out shortly thereafter.
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