Man admitted to sex, but not rape
A MAN accused of performing oral sex on a sleeping friend admitted to his neighbour he had sex with the woman but did not rape her, a court has been told.
Justin Nisbett has pleaded not guilty in the Southport District Court to one count each of rape and sexual assault.
It is alleged a friend of his wife stayed the night after a house party in 2017 and woke to find Nisbett performing oral sex on her.
"I asked him 'what is going on, what happened' and he said that they had sex but he didn't rape her," Nisbett's neighbour Shaun Howse told the court this morning.
The court was told Monday that Nisbett had admitted to police he had sex with the woman and it had been consensual.
In the police interview, played to the court, Nisbett also said the woman kissed him during the party.
None of the party goers who have given evidence said they saw the pair kiss.
Mr Howse was at the party and said the woman had tried to sit on his lap twice despite them not knowing each other.
He told the jury of eight women and four men that he was woken by Nisbett the morning after the party asking for help.
Mr Howse said he advised Nisbett to call police.
He told the court he saw the woman sitting in her car.
"She was yelling, the interior light was on. I could not make out what she was saying," she said.
Mr Howse described both Nisbett and the woman being drunk at the party.
The court was played a police interview conducted with Nisbett about nine days after the alleged incident.
"Throughout the night (the woman) was very friendly and flirty with me and other people. She sat on top and put her arm around me," Nisbett told police.
Nisbett also claimed the woman kissed him during the night.
He said it was about 3.30am and everyone had gone to bed when he woke the woman, who was sleeping in the lounge room up.
He told police he kissed the woman and she kissed him back.
Nisbett said he also asked the woman if he could perform oral sex on her and she began to unbutton her shorts.
"She was moaning throughout and saying my name. Saying things like I was a bad boy … and that I was an animal," he said.
The woman's brother earlier told the court of how he had received a call from his sister about 5.30am the morning of the alleged rape.
He said his sister was scared.
"She was in tears, I could hear her shaking on the phone as well," the brother said.
"She said, 'Justin stuck his penis in me'.
"She said, 'I woke up to him on top of me'.
"I asked her to repeat it multiple times and she said that she was very, very scared."
The brother drove to pick up his sister from Nisbett's home and took her to the Coomera Police Station to give a statement, the court heard.
The court was also played a video of the woman taken by Nisbett after the alleged incident.
The woman was asking for her keys and for him to call her phone so she could find it.
He is heard yelling at her to get out of his house and accusing her of going into his bedroom.
"She is scaring the (expletive) out of me and I don't scare easily," Nisbett is heard saying to his wife.
The woman repeats her request for her keys and phone.
"What the (expletive) is wrong with your friends? She needs to get out of our house now," Nisbett is heard saying.
The trial continues.