The judge said there was “no foundation” for the allegation of malice on this basis.
Rigg concluded that there was “very comfortably enough evidence to warrant – in fact require – prosecution”. The judge dismissed each of the law firm partner’s claims.
The party took place after the 2019 Melbourne Cup won by Vow And Declare (right).Credit: Joe Armao
The court heard that in the hours before the alleged rape the firm had hosted a lunch in the Sydney CBD, before attendees were invited to the chambers of barristers present. There was significant alcohol consumption at both venues.
The complainant alleged the partner kissed her on the head during the evening and called her his “favourite”.
“People from the branch of the law firm where the complainant worked … left her at the chambers by about 9.30pm,” Rigg said.
In the early hours of the next day, the complainant remained “in a small group in one barrister’s individual chambers” with the barrister, the partner, Mr K, and a female solicitor from the Sydney branch of the firm. The complainant said she vomited twice after joining the smaller group.
In a statement to police, the complainant said cocaine was produced by Mr K, and the barrister and the female solicitor prepared it into four lines. The complainant said she had never tried cocaine but did not want to appear childish.
“She said that she, [the female solicitor], the barrister and Mr K all had cocaine. She stated she was given four lines of cocaine in about a 15-20 minute period,” Rigg said.
“She stated that she saw the [law firm partner] consume the powder in the bottom of the bag by licking the plastic and rubbing the remaining bits on his gums.”
The complainant alleged the partner “repeatedly patted her head and gave her compliments throughout the period of cocaine consumption” and that afterwards “she felt dizzy and sick”, the judge said.
Later, the young woman was invited to the law firm partner’s home for a night swim. She travelled there with him, Mr K and the female solicitor.
The complainant said the alleged sexual assaults occurred in the man’s pool and involved digital penetration.
She alleged Mr K told her that both men wanted to have sex with her and that his friend had “never done this before, but he wants you to stay the night”.
After he was arrested, the law firm partner gave another detective “two USB memory sticks containing the CCTV footage from the pool area and front driveway”, the judge said.
Rigg did not accept a submission by the man’s lawyers that the footage showed a “relaxed” or “placid” scene, and said there was inadequate detail in most of the footage.
“The imbalance of power between the complainant and all people present, particularly the plaintiff, was enormous.”
The judge said one part of the footage may have shown the complainant dabbing her face as though she had been crying, but “she may have just been drying her face” and the footage was “of very poor quality”.
The court heard one witness alleged the female solicitor said: “This has happened before … the boys know how to handle things like this.”
But Rigg emphasised that both men were “presumed to be innocent of the charges laid” against them, and her judgment did not displace that presumption.
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