Northern NSW Man Faces Trial for Alleged 'kicked, stomped on, raped' woman at Sydney Hotel

By P24 News Media | August 6, 2024

A man from northern New South Wales is currently on trial in Sydney, facing multiple charges of physical and sexual assault. The accused, Joel Nathan Fitzpatrick Burtt, 22, has pleaded not guilty to a series of allegations involving a woman who cannot be legally identified.

During the trial's opening session at the Downing Centre District Court on Tuesday, the prosecution painted a picture of Burtt as a controlling and jealous individual. Crown prosecutor Melanie O'Connell detailed several incidents of alleged abuse spanning over two years, including an incident at a five-star hotel in Sydney.

Alleged Assaults in Cronulla and Suffolk Park

The court heard that in October 2020, while Burtt and the woman were driving through Cronulla, she received a Snapchat message from another man. Upon seeing this, Burtt allegedly seized her phone, exited the car, and sent messages to the other man pretending to be her. He then arranged a meeting, which led to an altercation.

Later that day, Burtt is accused of forcibly grabbing the woman’s hair and compelling her to drive him to a family friend’s house. On the way, he allegedly headbutted her in response to something she said, before allegedly choking her later that night in a bedroom, restricting her breathing.

Incidents at Suffolk Park and the Star Hotel

Another alleged choking incident occurred in October 2021 at Burtt’s home in Suffolk Park. The prosecution claimed that Burtt became angry because the woman was on her phone while he was trying to sleep, leading to a violent confrontation.

A year later, the pair were at a birthday celebration at the Star Grand Hotel in Sydney. According to the prosecution, the woman returned to their hotel room to collect an item before heading to another party. While in the room, Burtt allegedly attacked her, grabbing her by the neck and holding her down.

After she refused his sexual advances, Burtt allegedly struck her in the head and proceeded to rape her. The prosecution further alleged that he repeatedly assaulted her, kicked her in the face, poured ice over her, and stomped on her as she cried on the floor.

The woman left the hotel room and later reported the incident to hotel security and the police. A sexual assault nurse who examined her the next day is expected to testify about the injuries she sustained.

Defense Denies Non-Consensual Acts

Burtt’s defense barrister, Peter Skinner, denied that the alleged incidents in Cronulla and Suffolk Park ever took place. He acknowledged that his client did engage in sexual activity with the woman at the Star hotel but insisted it was consensual. He did admit that Burtt punched the woman, causing bodily harm, but claimed this occurred after an argument, not before or during the sexual encounter as alleged by the prosecution.

Burtt also denied kicking or stomping on the woman, with the defense arguing that the physical assault happened after what Skinner described as “fairly bad sex.”

During the complainant's testimony, delivered via audio-visual link on Tuesday afternoon, Burtt was seen becoming emotional, wiping away tears as he listened to the evidence.

The trial is set to continue on Wednesday.