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Alan Jones’ indecent assault and sexual touching trial could include evidence about his general character, as well as from witnesses who declined to give police statements.
The 85-year-old has pleaded not guilty to 24 counts of indecent assault and two counts of sexual touching which relate to eight complainants over two decades.
An estimated three weeks of prehearing arguments began at Downing Centre Local Court on Monday, where the parties will sort through outstanding evidence issues.
Crown prosecutors flagged filed submissions about admissibility of what is called tendency and coincidence evidence in the hearing, as well as whether they can call evidence from witnesses who have refused to give police statements.
Tendency evidence is a type of circumstantial evidence used to prove that a person acted consistently with a particular character trait, reputation, or pattern of behaviour when they committed the alleged crime.
The court heard 87 witnesses are currently listed to testify.
The Crown argued their reasons for Judge Greg Grogin to allow tendency evidence were overwhelming and compelling.
Grogin questioned whether he had the power to allow such evidence in the local court – which prosecutors argued he did – as well as whether it related to disputed evidence.
Jones’ barrister, Gabrielle Bashir, SC, said discussions about disputed evidence had not been held, and it was difficult to discern what the witnesses may say.
The judge granted an adjournment until Tuesday so that Jones could consider his position on the submissions.
The court also heard the defence would no longer press its argument that the police seizure of devices during the initial search warrant at Jones’ harbourside home was unlawful. This was an argument repeatedly raised by the defence over many months.
The former talkback host had allegedly abused young men throughout two decades, according to the eight complainants.
It’s alleged the abuse happened at sites including the Sydney Opera House and a lower north shore restaurant, as well as at Jones’ various homes and former workplaces.
Strike Force Bonnefin was established to investigate the former teacher and Wallabies coach following a major investigation by The Sydney Morning Herald and The Age.
Documents previously seen by this masthead showed the allegations include fondling penises, stroking thighs and squeezing bottoms. He is also accused of pulling a man’s scrotum and masturbating during one alleged indecent assault.
Jones is accused of committing the crimes at his former Newtown home, his harbourside apartment, his farm at Fitzroy Falls in the Southern Highlands, Tamworth in northern NSW, and other Sydney spots. He has always maintained his innocence.
Earlier this month, one of nine initial accusers withdrew from the case, dismissing a charge of indecent touching more than a decade ago.
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