Jury retires in Stack case
The jury in the trial of an Arsenal and Republic of Ireland footballer accused of raping a law student after meeting her in a West End club retired today to consider its verdict.
Goalkeeper Graham Stack is accused of attacking the 22-year-old in his Beckenham flat in south London in the early hours of September 1 last year while his friend, Allan Smillie allegedly sexually assaulted her.
During the seven-day trial the woman told Croydon Crown Court that she was “out of it” after a night out at Trap club on Wardour Street, Central London, and had “absolutely no energy” to resist in any way when the footballer appeared naked and smiling in his spare bedroom and raped her while she was unwell.
She claims she was saying “get off me, get off” but the men totally ignored her.
The defence claim the alleged victim, who is from North London, was “up for it” and after consensual foreplay with Smillie initiated consensual sex with Stack, whose girlfriend was in the next room.
The nine woman, three man jury was told she was “inebriated”, “disinhibited” and “willing” and the defendants were “pawns” in a game that she “has invented to justify to herself what she did that night”.
Stack was on loan to Millwall at the time of the alleged offence and is currently on loan to Reading.
The 24-year-old of Ladygate Lane, Ruislip, north-west London, denies one count of rape and one count of sexual assault.
Operations analyst Smillie, 23, of Boundaries Road, Feltham, west London, denies two counts of sexual assault.
Before sending the jury out, Judge Thomas Joseph told them: “Put sympathy to one side whether it be sympathy for the complainant or sympathy for the defendants or indeed for any of the family of either of the defendants in particular, may be, Mr Stack’s fiancee. Sympathy is perfectly natural but it should play no part in your decision.
“Similarly with prejudice … about footballers for instance. We are not dealing with footballers here we are dealing with individuals.”
The jury was later sent home for the night after failing to reach a verdict. It is due to resume its deliberations at 10am tomorrow.
