Taking the stand on the third day of his trial at the Royal Court, Brett Kean said that the woman phoned him at around midnight and told him to come to where she was living.
Over the course of the trial jurors have heard how the pair met and had consensual sex after drinking in a bar in St Helier. The complainant said she felt ‘embarrassed’ by the incident and, over the next week, grew increasingly concerned by the defendant’s ‘strange’ and ‘obsessive’ behaviour – which included dozens of phone calls and texts – to the point she secretly recorded three conversations between them for her own ‘safety’.
Mr Kean, who, the court heard, suffers from an ‘organic brain disorder’ that causes him to use ‘senseless language’, denies two counts of indecent assault and one of rape.
During almost three hours of questions from his lawyer, Advocate Francesca Pinel on Wednesday, the 41-year-old defendant expressed his surprise when the woman called him and invited him to where she was living – and, he said, she gave no reason as to why she wanted to see him.
Advocate Pinel asked her client why he went to the property.
‘She said she wanted to speak to me face-to-face. She was quite obsessive and clinical…,’ said the defendant. ‘I thought she was setting me up to get done in outside because she was so sure she needed to talk to me and speak to me.’
Once at the property, Mr Kean said he insisted they go to the woman’s accommodation and not stand outside and he followed the complainant to her room.
It transpired, according to Mr Kean, that the woman wanted him to delete her number from his phone. The conversation, jurors heard, then turned to ‘chit chat’ before the woman, the defendant claims, got changed into some ‘hot pants’ in front of him.
‘I was confused because when I first got into the room she said she did not want to have sex. I said that was fine and I just wanted to lie down…,’ said Mr Kean.
He added: ‘I am not bigging myself up but I acted like a gentleman [when she got changed] because I looked away and thought what was going on.’
Mr Kean, who claimed he was ‘abused in his childhood, then described how the two engaged in consensual foreplay but said he was unable have sex with her as medication was affecting his ability to be aroused. Forensic examinations of the complainant found evidence of her having sex – either consensual or non-consensual.
‘Did she try pushing you off her?’ asked Advocate Pinel.
‘No,’ replied the defendant.
‘Did she kick you in the abdomen?’ added the lawyer.
‘No, they checked for bruises down at the station and I did not have any,’ Mr Kean replied.
‘Did she, at any point, scream at you to stop?’ his lawyer asked.
‘No,’ he replied.
Deputy Bailiff Tim Le Cocq was presiding. The trial continues.
