Overview
- David Charles Massa, 47, is on trial in the Downing Centre District Court, pleading not guilty to two counts of sexual intercourse without consent with two backup counts of sexual touching.
- The complainant told the jury he invited Massa to the smoking area after kissing his hand, then experienced sudden digital penetration that caused pain in a crowded space.
- CCTV shown in court captured the pair’s interactions and, according to the Crown, appears to show the accused reaching down the complainant’s pants on two occasions rather than three or four.
- The defence argues the men were friendly and flirtatious, asserting any touching or kissing was consensual and denying any digital penetration.
- The complainant later underwent hospital examination and DNA swabs, police contacted Massa who voluntarily attended Surry Hills station, cross-examination was largely closed to media, and the multi-day trial continues before Judge Siobhan Herbert.