The Crown had concluded its case against Peter John Brewer, who denies rape, when Advocate Sarah Dale, defending, made an application to the court to adjourn the case as she felt unwell.
Commissioner Julian Clyde-Smith accepted the appeal and sent the jury of nine women and three men home for the day. The trial was due to resume on Wednesday morning.
Earlier in the trial on Tuesday, the jury heard evidence from a friend of the alleged victim.
The friend described the woman as ‘extremely teary’ and ‘distraught’ when he spoke to her on the phone later in the morning after the alleged rape.
The complainant had called to try to speak to the witness’s wife about events that happened the night before, it was heard.
Later that day, the witness said he went to the alleged victim’s home. Crown Advocate Yates asked what the alleged victim’s demeanour was like.
‘She was in the dining area and she was crying and shaking. She was practically inconsolable really,’ the witness said.
Under cross examination, Advocate Dale put it to the witness that days after he gave his police statement – more than two weeks after the alleged rape – he called the defendant and said: ‘I just wanted to let you know I’m on your side.’
Advocate Dale asked: ‘Why did you make that comment?’
‘I have no idea why I did that,’ the witness replied.
Mr Brewer is accused of raping the women after a house party as she lay drunk on a bed. The complainant claims she told the defendant ‘countless times’ to stop but he did not.
The trial continues.
