Alleged rapist denies “making up evidence from the witness box”

Thursday 11 April 2019

A man standing trial accused of raping and sexually assaulting a woman in a hotel became agitated under fierce questioning from the prosecution, insulting the Crown Advocate and strenuously denying “making up evidence from the witness box".

Brett Kean (41) accused the prosecution lawyer of “getting aroused from being in Court” whilst he was cross-examining, as the trial into whether he raped and sexually assaulted a woman in 2016 continues.

The prosecution say that Mr Kean became obsessed with his alleged victim – who is referred to only as Miss X to protect her identity – after the pair had consensual sex at Hotel Sandranne in July 2016. 

Pictured: The rape and sexual assaults are alleged to have taken place in the Sandranne Hotel in 2016 (Google Maps).

Mr Kean, who has been on remand since he was arrested in 2016, denies all the charges brought against him.

After an entire day on the stand facing extensive grilling from both his lawyer and the prosecution, Mr Kean became increasingly agitated at Crown Advocate David Steenson’s line of questioning. 

Prior to his questioning, the Court was told that Mr Kean was born with brain damage and had suffered with epilepsy, meaning he finds it hard to communicate and make himself understood. 

Mr Kean’s difficulties are such that he is accompanied in Court by an intermediary, whose role is to ensure he understands everything that is being said in Court and that he is able to make himself understood while giving evidence. They are also able to intervene if Mr Kean is having difficulty understanding or if he needs a break.

Video: Mr Kean leaving Court after facing an entire day's worth of questioning on the stand.

Mr Kean began to lean on the side of the witness box and accused the Crown Advocate of being “compulsive” and “obsessive” as well as saying that it was like he was “getting aroused from being in Court” and criticising his ability to do his job.

When asked by the Crown Advocate whether he was “obsessed” with Miss X after he met her in the hotel bar and the two proceeded to have consensual sex, Mr Kean replied: “From my perspective of my vision on how you’re coming across to me is obsessive." 

The defendant then accused Crown Advocate Steenson of “enjoying” cross-examining him and of being “obsessive” and “compulsive” in his line of questioning. 

When pressed on his answer to the question, Mr Kean said: “I wasn’t obsessed with her, no.” 

Pictured: Brett Kean spent the entire day giving evidence before the Court.

Elsewhere in the cross-examination, it was put to Mr Kean that phone records show between around 19:00 on Monday 11 July and the early hours of the following morning, he had called her 42 times and text her eight times, which he denied. “I never rang her 42 times… I think you’re talking rubbish,” he said.

Facing questions about what was said during a 36-minute phone call between the pair on the evening before the alleged rape and assaults, Mr Kean said that Miss X was trying to get him to come back to the hotel after he had moved out, but that she “would not mention on the phone what she wanted to talk about".

When the Crown Advocate said that Mr Kean’s version of events wasn’t truthful, the defendant became increasingly agitated and began insulting the prosecution lawyer.

Confronting the prosecution lawyer, Mr Kean said: “It’s like you’re getting aroused from being in Court… You’re laughing… You’re not doing a very good job, are you?”

Pictured: Mr Kean denied calling Miss X 42 times in a matter of hours.

Throughout his cross-examination, the Crown Advocate continuously accused Mr Kean of lying and “making up evidence from the witness box” – this, alongside the allegations Miss X has brought against him, Mr Kean strenuously denied.

Yesterday, the Court also heard from a man who was also staying in the hotel at the time the incident is alleged to have taken place who described the soundproofing in the Sandranne as "very poor", but that he didn't hear any screaming, shouting or yelling during that week in July 2016.

The trial resumes this morning with closing speeches from both sides before Deputy Bailiff Tim Le Cocq, who is presiding, will sum up the evidence and advise the jury about matters of law before they retire to consider their verdict.

Catch up on the case...

Alleged rape victim secretly recorded conversations with accused

Alleged rapist 'made "disgusting" comments after attack'

Rape accused claims alleged victim 'sent mixed messages'

Defendant made jokes about consent