Accused man penetrated by a cucumber, court hears

A MAN accused of holding a sex worker against her will and subjecting her to humiliating sexual acts should be acquitted after admitting to being "anally penetrated by a large cucumber", a court has heard.

Jeffrey Smith, 60, pleaded not guilty to multiple counts of rape and gross indecency as well as one count of deprivation of liberty after telling police the "distasteful" sexual activity with the woman in August last year was all consensual.



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Crown prosecutor Stephen Geary told the court Smith had "grabbed her by the neck and marched her up the stairs" into his unit where she "tried to fight him off", breaking a window in the process.

But in his closing address to jurors on Thursday, Smith's barrister, Giles O'Brien Hartcher, said his client's explanation "about the cucumber and nearly falling out of the window" was "one of the reasons you can be sure he's being honest with you".

"The prosecution made a big deal about the cucumber as an invention for covering a broken window," he said.

"Well that sort of sexual behaviour is not the sort of thing you'd freely admit to and so you might think that he was telling the truth."



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Mr O'Brien Hartcher said no one would invent a story about being "anally penetrated by a large cucumber to cover a broken window" as it was "just too embarrassing".

"It is unusual for a man to admit being penetrated by a cucumber, while masturbating, while being spanked on the bottom, while being called filthy names - particularly if it's not true," he said.

"It would be much easier to say the sex was consensual and the window was an accident and leave it at that, there'd be no reason to go that extra step."

In his closing address, Mr Geary said Smith's flatmate had testified to coming home while the "terrified" woman was being subjected to the "brutal" and "gruelling" attack in which she thought she was "fighting for (her) life".


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"He says this 'The door to Jeff's room burst open and startled me' - startled - 'so I jumped out of my seat and then a naked Indigenous woman ran out and up the hall saying she was going to call police'," he said.

"This is where the lies really start - he says that Jeff Smith called out 'Nobody made you do it' … well somebody made her do it, it was Jeffery Smith."

The jury is expected to retire to consider its verdict on Friday.

Originally published as Accused man should be acquitted after admitting being penetrated by a cucumber, court told