While it was not among the 13 charges, Mr Kimball informed the court he would be describing the occurrence, and a variety of others in sessions leading up to the alleged offences, as contextual evidence to reveal “it wasn't just that he unexpectedly did something on the 5th or 6th session; the Crown case is it began with day one”.
Throughout the first five visits, Mr Kimball informed the court, Mr Behi would pull down the complainant's underwear and massage her butts. Throughout the fifth session, he noticed a scar on her abdomen and utilized Google Translate to ask the female how she got it.
He stated the complainant would inform the jury why she continued to see the implicated and why she didn't state anything at that time.
Mr Kimball said she did ask for the massage to stop on other events, with Mr Behi informing her “it wasn't a regular massage”.
Riaz Behi is pleading innocent to the charges. Credit: Nine News She told him”she desired a routine massage and told him never ever to do that once again”, Mr Kimball stated. In spite of this, the lady continued to book appointments with Mr Behi and he continued to carry out unsuitable massages on her genital area, Mr Kimball said.
During the last session, her 17th with Mr Behi, the plaintiff stated he removed her underwear and used a vibrating machine on her groin and abdominal area, which caused her pain. After she pressed it away and informed him to stop, Mr Kimball said Mr Behi carried out a regular massage on her prior to raising her legs and performed a sex act.
“She'll inform you how she responded to that,” Mr Kimball stated.
Mr Behi's lawyer, William Brewer, told the court he will be raising “concerns about the behaviour of the complainant”– in particular, her willingness to continue seeing Mr Behi for 17 sessions.
“Why does she keep coming back if these horrendous things are stated to be happening to her? That will be a really live concern in this trial,” Mr Brewer stated.
A “throwaway line” from the Crown recommending “she ‘d paid for all these sessions, she simply felt she had to come back” is “absolute nonsense”, he said.
“No one in the scenarios detailed by the Crown would dare be bearing with that kind of treatment.”
Commencing her evidence on Thursday afternoon, the complainant told the court through a Japanese interpreter that Mr Behi pulled her underwear down around her thighs and exposed her “butt” during the very first appointment, something which had “never took place” to her in Japan.
Asked by the Crown if she stated something at the time, she responded “I wanted to.”
The trial continues.
Jenny Noyes is a reporter at the Sydney Morning Herald.