Athlete denies fabricating allegation of being kissed by Alan Jones, says memory is clear

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.

'I know the kiss happened'

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."

Defence argues kiss 'could not have happened'

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".

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.

"No," Complainant M replied.

"You hadn't even seen each other, had you?"

"No."

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".

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 trial continues.