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Having listened to four days of evidence about a rape and two sexual assaults alleged to have taken place in a local hotel, the jury have now retired to consider if a 41-year-old committed the sexual offences.
A jury of seven men and five women have today retired to consider their verdict on accusations brought against Brett Kean (41) by a woman who says the alleged attack took place whilst she was staying in the Hotel Sandranne in 2016.
Both the prosecution and defence summed up their cases today in the Royal Court after three days of evidence during the trial of Mr Kean.
The prosecution say that Mr Kean was dogged in his pursuit of his alleged victim, harassing her by phone and in person in the days leading up to the assault, with secret recordings showing that he “doesn’t take no for an answer.”
Pictured: The incident is alleged to have taken place in Hotel Sandranne over two years ago (Google Maps).
In contrast, the defence raised questions about the signals sent by the woman, describing them as “confusing mixed messages” not consistent with someone who was concerned about Mr Kean’s behaviour.
Crown Advocate David Steenson, appearing for the prosecution, painted the defendant as “a man who just doesn’t take no for an answer” and that he was hiding behind his mental health difficulties, using them as a “diversionary tactic” during Police interview and when giving evidence.
The Court has heard that Mr Kean was born with brain damage, which restricts his ability to express himself. Mr Kean’s difficulties are such that he is accompanied in Court by an intermediary who helps him to follow proceedings and ensure he makes himself understood whilst on the stand.
Pictured: Both the defendant and his alleged victim took the stand during this trial.
Of this, the Crown Advocate urged the jurors that his difficulties in this regard “however unfortunate… is not in any way whatsoever a defence in this case.”
In his closing speech to the jury, Crown Advocate Steenson went onto describe Mr Kean’s portrayal of how his condition affected how he expressed himself during his Police interview as “just a typical diversionary tactic employed by the defendant… He is perfectly able to get his points across when he needs to – it is just that his points aren’t very good.”
The Crown Advocate called Mr Kean “demonstrably a liar” who was attempting “to confuse the picture” in order to “hide his guilt.”
Closing the defence case, Advocate Francesca Pinel rather told the jury that their being informed as to her client’s “mental health difficulties… was not done as an excuse, this was not done to trick you. It is not a distraction technique, it is how he communicates and processes.”
Video: Brett Kean leaving Court after a whole day on the stand yesterday.
She argued that her client was consistent in his version of events, saying that Mr Kean “has always denied that he raped and sexually assaulted [Miss X]… Even when he was pushed and laughed at by the Crown, he was not swayed. He maintained his evidence.”
Regarding the other main witness in this case, the prosecution’s closing speech described the alleged victim – referred to as Miss X to protect her identity – as “an intelligent and articulate young lady.”
Of Miss X’s testimony, the Crown Advocate said: “There were no histrionics, just genuine emotion.”
Whereas, Advocate Pinel pointed to a suggestive message that Miss X had sent to her client after the pair had engaged in consensual sex days before the alleged incident to portray that she was in fact a different person to how she presented herself whilst giving evidence.
Pictured: Mr Kean has been on remand since he was arrested in 2016.
Advocate Pinel suggested to the jury that they might consider the “cautious, reserved lady that came to Court” as being “worlds apart from someone who would text a sexual conquest” in this manner.
Advocate Pinel accused the alleged victim as sending her client “mixed messages”, reminding the jury that they only have to find that he “genuinely believed” that the woman was consenting to the sexual contact.
“A mistaken belief in consent, no matter how unreasonable, is a defence to an allegation of rape,” the Defence Advocate urged.
The Deputy Bailiff Tim Le Cocq, presiding, then advised the jury as to legal matters where he urged them to “leave behind any such preconceptions” about cases like this one. He warned that there are “no stereotypes of a rape or a rapist or a victim”, and that incidents of this nature happen in “all kinds of circumstances” and people react in “a variety of different ways.”
After summing up all the evidence that has been heard during the trial, the Deputy Bailiff then invited the jury to begin their deliberations this afternoon.
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