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Man accused of raping woman as she slept denies charge

A MAN accused of raping a woman as she slept on a mattress at a Toowoomba unit has pleaded not guilty to the charge.

Opening the case against Brian Lawrence McKellar, Crown prosecutor Shontelle Petrie told Toowoomba District Court the complainant woman had fallen on hard times.

Homeless and having a drinking problem, she had been offered support by the accused who had offered her a home after meeting her in Brisbane and helped get her into rehab.

In October 2015, he brought her to Toowoomba to stay with his sister.

At the time he was 51 and she was 29, she said.

On the night of October 11, 2015, the woman had gone to sleep on a mattress on the lounge room floor of the Holberton St unit.

It was the Crown case she had woken sometime after 11pm to find her underpants removed and McKellar on top of her, having sex with her.

The complainant claimed to have seen the accused remove a condom before he left the unit and she had contacted police.

A photograph of the alleged condom on top of the mattress was shown to the court.

Forensic scientist Alyshia Quartermaine told the court examination of the condom found a mixed DNA sample that was 100 billion times more likely than not to have been contributed by McKella and the woman.

McKellar initially told police he had never had sex with the woman, just some kissing, cuddling and "a bit of a fiddle".

However, he later told police he had had sex with her about five times when the couple was in Brisbane, Ms Petrie said.

The trial before Judge Dennis Lynch QC continues.

Topics:  district court dna evidence not guilty plea rape toowoomba


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