Jury discharged in rape trial of competitive bull rider
The jury in the rape trial of competitive bull rider Clay Benjamin Hall has been discharged after failing to reach a verdict on one of two charges in relation to an alleged incident in Warwick in 2021.
Warning: This article contains details of alleged sexual assault readers may find distressing.
After more than eight hours of deliberations the jury unanimously found Mr Hall not guilty of one count of rape but was unable to reach a verdict on a second count.
The not guilty verdict related to an allegation that Mr Hall anally raped a teenage girl.
The jury was unable to reach a verdict on a charge alleging Mr Hall raped the teenager through vaginal penetration during the same incident.
Justice Philip McCarthy KC discharged the jury today after it failed to reach a unanimous or majority verdict on the remaining charge.
The court was told Mr Hall met the girl, who was in her late teens at the time, on a street in Warwick, about 160 kilometres south-west of Brisbane, in the early hours of October 2021.
Prosecutors alleged Mr Hall, now 26, raped the teenager after she offered to show him a shortcut to the Warwick Showgrounds.
The court heard the teenager had been drinking and had been at a house party with people she did not know before she met Mr Hall.
Clay Benjamin Hall told police in 2023 that he had been given consent by the complainant. (ABC Southern Qld: Grace Nakamura)
Mr Hall was in Warwick to watch his brother compete at the Warwick Rodeo.
The court heard Mr Hall, who was not competing because of an injury, had also been drinking before walking to a service station to buy food in the early hours of the morning.
A key issue at trial was whether the sexual activity between Mr Hall and the complainant was consensual.
Defence barrister David Jones KC told the jury it was not in dispute that Mr Hall and the complainant had vaginal intercourse but rejected the allegation that anal penetration had occurred.
Jurors were shown a recording of a 2023 police interview in which Mr Hall said he propositioned the teenager and initially received no response but later he claimed was given consent.
The jury was also shown police interviews conducted with the complainant at hospital on the morning of the incident and later that day at a police station.
The complainant gave evidence during the trial and was cross-examined by the defence.
During deliberations jurors asked to view the complainant's recorded interviews again.
After more than eight hours of deliberations, Justice McCarthy gave the jury a majority verdict direction, allowing it to return a verdict if 11 jurors agreed and one disagreed.
But the jury later indicated it was unable to reach a majority verdict.
While discharging the jury, Justice McCarthy thanked jurors for their work.
"Whilst you may have a frustration, you worked very hard. Your endeavour was appreciated and I appreciated the way you took upon your task in this courtroom," he said.
The unresolved charge remains before the court and the matter will return to the Warwick District Court for a callover on September 17.
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