Generic Rockhampton Court.   Photo: Chris Ison / The Morning Bulletin
Generic Rockhampton Court. Photo: Chris Ison / The Morning Bulletin Chris Ison ROK270716ccourt3

Video shows defendant and the alleged rape victim dancing

EITHER the door to a motel unit was left open, or someone let Justin Alexander Humphrey in the night he was found in bed with a woman who has accused him of rape.

Humphrey has pleaded not guilty to one count of rape in Rockhampton District Court this week.

A jury yesterday heard evidence from the assistant manager at the motel where the alleged incident took place on December 3, 2016.

Michael Bryden, who has worked at the Glenmore Tavern since August 2015, said the door of the unit had an automatic locking device where the door locked itself when it was closed.

However, Mr Bryden also told the court that those doors would stay ajar if not closed properly.

The court was told on Monday a male was sleeping in the downstairs part of the unit where the alleged rape took place in the early hours of the morning.

The alleged victim, who was highly intoxicated, was sleeping in a bed with a woman she thought of as a second mother. There was a third woman sleeping in the room on a single bed.

The court was told on Monday one of the women woke up to sounds of sex in the room and saw the accused on top of the alleged victim, but the victim "had no expression on her face" when she called out to her.

That woman raced downstairs to get help from the male who said he saw the accused lying behind the alleged victim, making thrusting movements towards her, as she lay with her bare buttocks visible.

Mr Bryden said when he saw the victim, she had clammy skin and was unable to answer his questions coherently.

Yesterday, Queensland Health DNA scientist Josie Entwistle gave evidence about forensic results from swabs and other items sent to by police to the John Tonge Centre, which is the mortuary for Queensland Health Forensic and Scientific Services.

When questioned about the results of the swabs from Humphrey's penis after the alleged incident, Ms Entwistle said there was a high probability the victim's DNA was a match.

Defence barrister Frank Richards put a scenario to Ms Entwistle of the DNA transferring from the victim to Humphrey's hand when they danced during the evening and then placed his hand on his penis when he urinated later.

Ms Entwistle could only say it was possible for something like that to happen.

A CCTV video was shown to the jury yesterday showing the defendant and the alleged victim dancing twice the night they met, for a few minutes each time.

Ms Entwistle also explained to the court that DNA is not necessarily transferred via touch and many variables affected transferability and quality including heat, light, time and chemicals.

The jury was expected to have retired to deliberate yesterday by close of business, but The Morning Bulletin was unable to confirm last night.