Prominent athlete tells court he can't get alleged Alan Jones kiss 'out of my memory' - ABC News & Headlines – Australian Broadcasting Corporation
Alan Jones outside of court on Thursday. (ABC News: Ethan Rix)
A high-profile athlete has told a court he "can't get it out of my memory", when quizzed about an alleged non-consensual kiss from broadcaster Alan Jones.
The man, known as Complainant M, says he knows "the kiss happened" while under cross-examination by Mr Jones's defence team.
Mr Jones has pleaded not guilty to 22 counts of indecent assault and sexual touching, relating to six complainants.
A high-profile athlete has denied making up an allegation that he was kissed by Alan Jones at a public event, telling a court he "can't get it out of my memory".
The man, known as Complainant M, is giving a third day of evidence in Mr Jones's criminal trial, alleging the broadcaster kissed him on the mouth twice without his consent in 2015 and 2020.
Mr Jones has pleaded not guilty to 22 charges of incident assault and sexual touching, relating to six male complainants.
Alan Jones's defence team has been challenging the allegations made by Complainant M. (ABC News: Ethan Rix)
On Thursday, Complainant M faced a second day of cross-examination from Mr Jones's lawyers, who asked the athlete why he sent Mr Jones a shirtless photo of himself, and pressed him on the tone of the pair's text message exchanges.
Defence barrister Gabrielle Bashir SC also suggested the complainant gave conflicting evidence about where and when Mr Jones allegedly kissed him at the 2015 event.
She suggested Complainant M told police two different things about which way his body was facing when the alleged kiss happened.
Ms Bashir also presented to him dozens of photographs of the event which show Mr Jones and the complainant at various times during the night.
"I know the kiss happened because I can't get it out of my memory," Complainant M told the court.
"What I do know and what I have been able to say very clearly … I know.
"What I may not be able to give is who was sitting at my table … what direction I was facing."
Ms Bashir suggested that according to the photos and the event program, Mr Jones could not have been standing in the spot the complainant alleged.
"I put to you this allegation could not have happened in any of the ways you have described," Ms Bashir said.
"That's not correct," the athlete replied.
The court heard earlier this week after the alleged 2015 kiss, Complainant M received a text message on the way home, which read "… I hope you can feel my kisses darling".
Mr Jones's defence team argued the kiss with the athlete could not have occurred. (ABC News: Ethan Rix)
The prosecution has put forward evidence to support the allegation that the kiss occurred.
But on Thursday, the defence put to Complainant M references to kisses were a common sign-off from Mr Jones, and pointed to a text on another day which read, "feel my kisses darling all over".
"He hadn't kissed you that day?" Ms Bashir asked.
"You hadn't even seen each other, had you?"
Complainant M agreed the defendant used it "on numerous occasions" and at times it made him feel "uncomfortable".
He said on the night of the alleged kiss, he "agonised" over how to respond to Mr Jones's late night message, and defended using the words "lots of love" at the end of the message because he "wanted things to go back to normal".
"I wanted the kiss that happened to have never happened," he told the court.
Ms Bashir also showed the athlete a copy of a text he had sent the defendant which contained a shirtless photograph of him.
Complainant M said it was in response to a text from Mr Jones asking how he was doing, and he sent the picture because he had just had it taken at a photo shoot.
The court heard Complainant M's police statement said he did not recall seeing Mr Jones in person again after the alleged 2015 kiss until what he described was "the last time I saw him".
But under defence questioning, the athlete agreed he did see the defendant multiple times in the following years, including for dinner, and on an occasion where Complainant M asked to work with Mr Jones for an event.
The athlete said the defence's questions made him remember he had seen Mr Jones more times than he initially told police, but he defended his mindset at the time.
"I [was] also trying to forget what had occurred … and as though it hadn't occurred," he said.
Complainant M agreed he asked Mr Jones if he could stay at his Fitzroy Falls property after the alleged assault, and did visit on more than one occasion.
Alan Jones leaving NSW Local Court on Thursday. (ABC News: Ethan Rix)
Late on Thursday, Ms Bashir turned her line of questioning to the alleged kiss at Mr Jones's Circular Quay apartment in March 2020.
The athlete testified the broadcaster began repeatedly kissing him on the cheek while telling him things like, "I love you so much, you don't know how much I love you", before kissing him on the corner of his mouth.
The man alleged he pushed Mr Jones and said "okay mate" when he could feel the radio host's genitalia against his leg.
Complainant M accepted the first time he mentioned the "verbal communication" in-between the kisses was during his evidence-in-chief on Monday, but said it was because "unfortunately for me, I've had to replay what happened to me".
"You don't know what really happened because it didn't happen, did it?" Ms Bashir suggested.
"There was not genitalia against your leg as you told the court?" Ms Bashir suggested.
"There is no pressing up against your body was there?" Ms Bashir suggested.
"There was not kissing from your cheek onto the corner of your mouth either with words or without words?" Ms Bashir suggested.
"That second incident did not happen it, did it?" Ms Bashir suggested.
Ms Bashir also argued that the alleged incident could not have occurred because Mr Jones was in isolation in early 2020 due to the COVID-19 pandemic, and was broadcasting his 2GB radio program and Sky News show from his property in Fitzroy Falls.
Complainant M had previously prefaced to police and throughout the course of the trial that he was "not 100 per cent certain on the date" but believed it could have been on March 19.
