Falmouth alleged rape in car park trial jury retires

Judge Simon Carr had already told the jury that he would accept a majority decision as they had failed to come to a unanimous one after three hours. But by 3.15pm they had still not come to a decision and he sent them home to return to court for a 10am start tomorrow.

Davlatsho Davlatshoev, originally from Tajikistan but working at Lower Trevaskis Farm at Conor Downs near Hayle, has pleaded not guilty to allegedly raping the student in Church Street car park after allegedly pulling her there while she was badly inebriated.

On Tuesday the jury at Truro Crown Court heard that the alleged victim in the case was out with friends in Falmouth and by about 1am was the the 'drunkest she's ever been.

She was seen on CCTV in the foyer of the St George's Arcade trying to roll a cigarette when she started talking to Davlatshoev's friend and is then seen kissing Davlatshoev. She alleges he then led her to the car park while she was too drunk to resist and raped her by the bins which stank of urine and vomit.

Davlatshoev, who was speaking through an interpretor, told the court that he "had absolutely no intention of having any sexual contact" and it was in fact the complainant that had initiated sexual activity between them and that on that night he'd had no intention other than to see new people and experience British culture.

He told the court that, due to being from a small village in Tajikistan, he'd "never seen that many drunk people in one place" as well as saying: "I was interested to see new people and see how they walk around."

Davalatshoev disputed her version of events telling the court that he was the one that had been led out of the area outside Club International by the alleged victim and taken to the car park.

Davalatshoev went on to claim that, once the two were in the car park, the alleged victim went on to kiss him again and that she was the one who then initiated sexual activity between them.

The trial continues.