Woman made sexual assault claim against Kurtley Beale to save marriage, court told

A woman who alleges she was sexually assaulted by Wallabies star Kurtley Beale in a bar bathroom made the accusations to “save her marriage”, his lawyer has claimed.

Mr Beale, 35, is facing a jury trial at Sydney’s Downing Centre Court after pleading not guilty to sexual intercourse without consent and two counts of sexual touching.

Police allege Mr Beale groped a woman’s bottom at the Beach Road bar in Bondi on December 17, 2022, before forcing her into oral sex in the stall of the men’s bathroom.

Mr Beale’s barrister, Margaret Cunneen SC, claimed at the end of her cross-examination on Thursday that the 29-year-old had used the allegation to save her “proposed marriage”.

“You decided to use this interaction, that you controlled, to get the sympathy of (your fiance), of your sister and of your family,” Ms Cunneen told the court.

“To put everything that has happened in that week to an end, that is a disagreement with (your fiance) … so he would have to treat you with love and care, and sympathy.”

Ms Cunneen also added later: “You made this up for the purpose to save your marriage – your proposed marriage – that you anticipated so excitedly.

The woman denied Ms Cunneen’s claims, including that she had flirted with Mr Beale and that there was a “tenor of affection” before the alleged grope.

The woman put the allegations to Mr Beale in a phone call secretly recorded by police about a month later in which Mr Beale admitted he “f**king misjudged” the situation.

Five pages of handwritten notes made by the woman before the call were at the centre of cross-examination by Mr Beale’s barrister, Margaret Cunneen SC, on Thursday.

Ms Cunneen told the jury the 29-year-old woman had written on the fourth page of her notes that the purpose of the call was to “convince him he is guilty and not innocent”.

The woman admitted to making the notes, including further stated purposes for the call that included that “he (Mr Beale) would be better off if confesses”.

Ms Cunneen told the woman: “Your purpose, I suggest, was to talk him into thinking he had done something wrong, something criminal.”

Later, Ms Cunneen added: “You thought it would have been better if he had pleaded guilty and had not had your allegations (of sexual assault) tested in a court.”

The woman denied the suggestions, stating: “I knew either way it would have been difficult, (but) it would have saved a lot of heartache, money and time.”

The jury were further told the woman, who cannot not be named, had written in the notes to “act friendly, normal” and that she would likely see Mr Beale again.

Under earlier cross-examination, the woman denied contradictions between her evidence in court on Monday and in statements to police early last year.

The woman told police that she had used the men’s toilets because the line was too long for the women’s, and Mr Beale had followed her into the cubicle immediately after.

Ms Cunneen instead suggested that in her evidence on Monday, the woman had told the jury Mr Beale had pushed his way in and had locked the door while she was on the toilet.

“The reason you have changed it, I put to you, is to make it seem worse for Mr Beale that he would barge in on you in the process of going to the toilet,” she said.

The jury earlier heard accusations from Ms Cunneen that the woman had used the allegations to “turn the tables” in her own relationship and get sympathy.

The woman vehemently denied the claim, as well as further suggestions from Mr Beale’s lawyer that she had consented to, and been “in control” of, the alleged act.

In his evidence, the woman’s fiance told the court he was heavily intoxicated before arriving at the bar that night, and was unable to recall most of the interactions he’d had.

He did though tell the court he remembered his fiance telling him Mr Beale had tried to kiss her. He replied “that’s weird”, before the pair left about 10 minutes later.

The man was also unable to recall many of the text message exchanged between the pair earlier that night, but admitted they were “having a relationship argument”.

He will reappear before the court for further evidence on Friday.

Earlier in the week, the jury was told of the woman’s version of events and a call to the rugby star in which she first made the accusation of sexual assault.

During the call, Mr Beale admitted the pair had “hooked up” before later stating that the accused acts were “not on”. The jury was also shown CCTV footage.