Her friend had gone into 7-11 and had fallen asleep inside the shop, while she was found lying on the footpath. Jarrod Vincent Thomas, 23, who was applying for bail, and Harley Jarthur Palise, 26, who is on remand, had also been out in the city and were driving down Lygon Street. Friends in the car in front of them saw the woman lying on the footpath and one of them, in a story later recounted to police, said: “Look at that girl, she looks like she’s dead”. The friends stopped their car to see if she was ok, with one of them telling police she said: “I had too much to drink”. Harley Palise faces charges including rape and abduction.

Mr Thomas and Mr Palise also pulled their car over and, after hearing she lived in a suburb near them, offered to give her a lift home, the court heard. Detective Senior Constable Evans said she tried to get up, but she struggled to stand, and had to hold onto one of the friends for support as they walked her to Mr Thomas and Mr Palise's car. “She was stumbling and struggling to walk,” he said. Detective Senior Constable Evans alleged the woman was raped several times by Mr Thomas and Mr Palise after the pair diverted down Harding Street in Coburg, stopped the car and assaulted her in the back seat. Police appealed for information after she reported the rape that day and the friends, seeing themselves on CCTV released to the media, came forward to assist the investigation.

One of the friends allegedly told police Mr Thomas rang him the next day and boasted: “Bro, it was mad last night, she let us f--- her before we dropped her off”. The friend told police he thought the pair were “dumb c---” because they took advantage of her, the court heard. Mr Thomas, who handed himself in to police, first denied any physical contact with the complainant. They had just dropped her home, he allegedly told police. But Mr Thomas’ and Mr Palise’s DNA was allegedly found on the woman after forensic swabs, the court was told. Mr Thomas’ lawyer Kristina Kothrakis said she could not say the case against her client was weak.

“However, there is a defence that can be made,” Ms Kothrakis said. In prison telephone calls recorded by police, Mr Thomas allegedly told his girlfriend: “Yeah I did the wrong thing ok, but I’m not the c--- that took this to that extent” and “I’ve done my part by doing wrong to her, but by consent you know”. In another conversation, Mr Thomas threatened to “sue the f--- out of her” and the media, the court heard. And his younger brother, in another conversation, allegedly told Mr Thomas: “F--- the slut... f---ing dog.” He allegedly also said he would “bolt” if he was found guilty and on bail. Mr Thomas, who has no prior criminal history, was supported in court by family including his mother, father and girlfriend.