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Police 'mistaken' over alleged rape victim's interview

Rex MartinichAAP
Christopher and Lee Hili have pleaded not guilty to two counts of rape and other charges. (Darren England/AAP PHOTOS)
Camera IconChristopher and Lee Hili have pleaded not guilty to two counts of rape and other charges. (Darren England/AAP PHOTOS) Credit: AAP

A teenage alleged rape victim's potential contradictory claims during multiple police interviews could have been the result of an officer's "mistake" when taking notes, a court has heard.

Queensland Police officer Justin Kersey gave evidence on Wednesday before the Brisbane Supreme Court trial of a married couple accused of raping a 15-year-old girl after a party at their Gold Coast home in December 2021.

Christopher Luke Hili and Lee Kathleen Hili pleaded not guilty on Monday to two counts of rape, one count of exposing a child to an indecent act and one count of exposing a child to an indecent film.

Christopher Hili also pleaded not guilty to two counts of supplying cannabis to a child.

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Senior Constable Kersey said his notes stated the girl alleged she had been raped by both defendants.

The prosecution's case is that Christopher Hili allegedly raped the girl twice and Lee Hili has been charged over allegedly aiding and encouraging the sexual assaults.

Crown prosecutor Melissa Wilson asked Sen Const Kersey about his handwritten notes taken during the second interview with the girl about two weeks after the alleged incident, which contained a claim that Lee Hili directly committed one of the assaults.

"I think that is an accurate description of what she said. Obviously I was taking notes at the time and trying to listen to the conversation, I may have written that down wrong," Sen Const Kersey said.

Defence barrister Scott Lynch, acting for Christopher Hili, cross-examined Sen Const Kersey about his experience and training in the police force.

Sen Const Kersey agreed he had been trained to take accurate notes and computer logs of the investigation also needed to be accurate because they would be relied upon by other officers.

"The complainant (was sexually assaulted) by an unknown female ... I would suggest to you that was what you were told," Mr Lynch said.

Sen Const Kersey said there might have been some confusion.

"That's possibly what I was told at the time," he said.

Sen Const Kersey also identified a series of still images recorded by the security camera at the Hili home's back door that captured Christopher Hili multiple times between 12.28am and 2.53am on the night in question.

The officer said the girl was not subject to a forensic medical examination as too much time had passed since the alleged sexual assaults.

The trial was heard in closed court on Tuesday and part of Wednesday to allow the jury to view pre-recorded testimony from the alleged victim and other child witnesses.

Defence barrister Gregory McGuire, acting for Lee Hili, said his client would testify in her own defence and Mr Lynch said Chris Hili would not be testifying.

Lee Hili is due to take the stand on Thursday, where she will give evidence and be cross-examined, which will be followed by closing statements from Ms Wilson and both defence barristers.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

Lifeline 13 11 14

Kids Helpline 1800 55 1800 (for people aged 5 to 25)

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