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| Chinese actor Yunxiang Gao's lawyer says accuser might have made up story | |
| (35 minutes later) | |
| The barrister for a famous Chinese actor accused of sexually assaulting a woman has told a Sydney court she may have invented the story to avoid an argument with her husband. | The barrister for a famous Chinese actor accused of sexually assaulting a woman has told a Sydney court she may have invented the story to avoid an argument with her husband. |
| But the prosecution has dismissed the argument as “pure speculation” as Yunxiang Gao faces fresh charges of sexual assault. | But the prosecution has dismissed the argument as “pure speculation” as Yunxiang Gao faces fresh charges of sexual assault. |
| Gao – dubbed the “Chinese Hugh Jackman” after his lawyer suggested in a previous hearing that he was of comparable fame in China – had previously been charged with two counts of sexually assaulting a woman at the luxury Shangri-La hotel in The Rocks in the early hours of 27 March. | Gao – dubbed the “Chinese Hugh Jackman” after his lawyer suggested in a previous hearing that he was of comparable fame in China – had previously been charged with two counts of sexually assaulting a woman at the luxury Shangri-La hotel in The Rocks in the early hours of 27 March. |
| But during a preliminary hearing on Friday the court heard the actor now faced nine charges, including five counts of aggravated assault in company and depriving liberty, and two counts of aggravated indecent assault in company. | But during a preliminary hearing on Friday the court heard the actor now faced nine charges, including five counts of aggravated assault in company and depriving liberty, and two counts of aggravated indecent assault in company. |
| The case has received a lot of attention from the Chinese media, and on Friday the central local court in Sydney was packed with foreign journalists. | The case has received a lot of attention from the Chinese media, and on Friday the central local court in Sydney was packed with foreign journalists. |
| Gao is accused of committing the offences with producer Jing Wang after a “wrap-up party” for the television series Love in Aranya, filmed in Sydney. | Gao is accused of committing the offences with producer Jing Wang after a “wrap-up party” for the television series Love in Aranya, filmed in Sydney. |
| The court had previously heard that Gao, Wang and the woman had been celebrating with a production crew during a “wrap-up party” for the series. | The court had previously heard that Gao, Wang and the woman had been celebrating with a production crew during a “wrap-up party” for the series. |
| The group dined at a Chinese restaurant and drank at the Gala KTV Karaoke Club on Bathurst Street in Sydney and police allege the pair later forced intercourse and oral sex with the woman at Wang’s hotel room. | The group dined at a Chinese restaurant and drank at the Gala KTV Karaoke Club on Bathurst Street in Sydney and police allege the pair later forced intercourse and oral sex with the woman at Wang’s hotel room. |
| On Friday, Gao’s barrister, John Korn, made an application for the woman at the centre of the allegations to be compelled to give evidence at a committal hearing. | On Friday, Gao’s barrister, John Korn, made an application for the woman at the centre of the allegations to be compelled to give evidence at a committal hearing. |
| Citing “impossible to reconcile inconsistencies” in her evidence, Korn said he should be able to cross-examine her because it went to “whether she is a good enough witness for the prosecution [to] even consider taking this matter to trial”. | Citing “impossible to reconcile inconsistencies” in her evidence, Korn said he should be able to cross-examine her because it went to “whether she is a good enough witness for the prosecution [to] even consider taking this matter to trial”. |
| In his submissions to the magistrate Beverley Schurr, Korn suggested to the court the woman might have made up the allegations to “avoid a situation” with her husband. | In his submissions to the magistrate Beverley Schurr, Korn suggested to the court the woman might have made up the allegations to “avoid a situation” with her husband. |
| Following the alleged incident, the woman had arrived home after 4.30am and had an argument with her husband. Korn told the court she had been taking “deliberate steps to avoid talking to” the husband during the night. | Following the alleged incident, the woman had arrived home after 4.30am and had an argument with her husband. Korn told the court she had been taking “deliberate steps to avoid talking to” the husband during the night. |
| “Were [the allegations] made by her because of [a] genuine claim of sexual assault, or was it a situation where she stayed out all night [and] engaged in consensual, intimate behaviour both at [a] karaoke bar and at the Shangri-La Hotel in Sydney and needed to avoid a situation with her husband?” he asked. | “Were [the allegations] made by her because of [a] genuine claim of sexual assault, or was it a situation where she stayed out all night [and] engaged in consensual, intimate behaviour both at [a] karaoke bar and at the Shangri-La Hotel in Sydney and needed to avoid a situation with her husband?” he asked. |
| Korn has previously argued before the court that the woman had “amorous” contact with Wang when the group was at a karaoke bar. | Korn has previously argued before the court that the woman had “amorous” contact with Wang when the group was at a karaoke bar. |
| However, she told police she had rejected his advances before she was assaulted by both men in the hotel room. | However, she told police she had rejected his advances before she was assaulted by both men in the hotel room. |
| In June, Justice Lucy McCallum said some CCTV footage from the evening supported the crown case that the woman pulled away when Wang tried to kiss her during the evening, but other parts showed her kissing him and leaning into him. | In June, Justice Lucy McCallum said some CCTV footage from the evening supported the crown case that the woman pulled away when Wang tried to kiss her during the evening, but other parts showed her kissing him and leaning into him. |
| On Friday, Korn told the court CCTV footage showed that in the hours leading up to the alleged assault, the woman had been “consensually engaging in kissing and cuddling” and “very affectionate behaviour” with Wang. | On Friday, Korn told the court CCTV footage showed that in the hours leading up to the alleged assault, the woman had been “consensually engaging in kissing and cuddling” and “very affectionate behaviour” with Wang. |
| But the prosecutor Daniel Waldmann opposed the application for cross-examination during committal, saying Korn’s suggestion that the woman had made up the claims was “pure speculation”. | But the prosecutor Daniel Waldmann opposed the application for cross-examination during committal, saying Korn’s suggestion that the woman had made up the claims was “pure speculation”. |
| He said that even if the woman did engage in consensual “kissing and cuddling” with Wang, it did not follow that she would have consensual sex. | He said that even if the woman did engage in consensual “kissing and cuddling” with Wang, it did not follow that she would have consensual sex. |
| He called it “a form of reasoning that ignores one’s common human experience and logic”. | He called it “a form of reasoning that ignores one’s common human experience and logic”. |
| “Even if somehow the counter narrative of consensual amorous acts between the complainant and Mr Wang were to be accepted, it does not follow that she thereafter engaged in consensual sexual intercourse with him and the applicant,” he said. | “Even if somehow the counter narrative of consensual amorous acts between the complainant and Mr Wang were to be accepted, it does not follow that she thereafter engaged in consensual sexual intercourse with him and the applicant,” he said. |
| Schurr reserved her decision on the application until Wednesday. | Schurr reserved her decision on the application until Wednesday. |
| Sydney | Sydney |
| New South Wales | New South Wales |
| Law (Australia) | Law (Australia) |
| China | China |
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