Former NSW Police officer's defence questions complainant's memory in alleged rape trial

The defence team of a former NSW Police officer, accused of raping a teenage girl almost 28 years ago, has told the court the complainant was relying on phone calls made years later to refresh her memory.

David Robert Blackbourne was serving as a police officer when he allegedly raped the 17-year-old in a town near the NSW-Victoria border in October 1998.

He has been charged with two counts of assault with an act of indecency, two counts of sexual intercourse without consent, and one count of holder of public office misconduct.

Mr Blackbourne was arrested in 2023 and has pleaded not guilty to all charges.

His trial began this week at Sydney's Downing Centre District Court, and today his defence team continued to cross-examine the complainant.

The court has heard that on the morning of October 17, 1998, the girl went to a police station where Mr Blackbourne gave her a police hat to be worn at a year 12 muck-up day.

Defence barrister Matthew Johnston SC asked the complainant whether she walked 4.5 kilometres from her home to the police station on the morning of the alleged rape.

"You gave evidence you were picking up a hat; what were the arrangements?" said Mr Johnston.

She later went on to say that despite not remembering the arrangements or the exact date, she would not have walked to the police station if it was not pre-arranged.

Earlier this week the complainant told the court that shortly after she arrived at the station, Mr Blackbourne took her behind the front counter and sexually assaulted her.

She said he then took her to another room and sexually assaulted her again.

Today Mr Johnston asked the woman whether she said anything when her pants were allegedly pulled down by Mr Blackbourne.

"No," she replied.

"Did you say anything when he pulled his pants down?" Mr Johnston asked.

"No," she said.

Mr Johnston later suggested she was not kissed without consent.

"It definitely happened," she replied.

"I want to suggest to you that the man you believed to be Dave did not have sexual intercourse with you," Mr Johnston said.

"It definitely happened," she said.

Mr Blackbourne's defence team questioned the reliability of the complainant's evidence and whether it was influenced by phone calls made years after the alleged rape.

During a cross-examination of the complainant yesterday, Mr Johnston asked whether the woman was relying on phone calls with her former boss in 2020 to piece together what happened.

She agreed that she was.

"Do you think you adopted these memories … because you want them to be true?" Mr Johnston said.

"That is not correct at all," she said.

Earlier this week, the complainant told the court that months before the alleged rape, Mr Blackbourne showed her a picture of his young daughter at the police station.

In 2021, during a phone call between the complainant and Mr Blackbourne that was covertly recorded by police as part of an investigation, he told the woman he had two daughters.

During cross-examination, the defence suggested Mr Blackbourne never showed her a picture of his child.

"I disagree," the woman said.

"Can I suggest you made it up after he provided you with information during the phone call?" Mr Johnston said.

"That is incorrect," the woman said.

The trial, presided over by Judge Huw Baker SC, is expected to wrap up on Friday.