A controlling and jealous man from northern New South Wales allegedly raped, strangled, punched and kicked a woman on three separate occasions over two years, including at a five-star hotel in Sydney.
Joel Nathan Fitzpatrick Burtt, 22, has pleaded not guilty to a slew of physical and sexual assault charges involving a woman whose name cannot legally be released.
As the trial opened before 14 jurors at Sydney’s Downing Centre District Court on Tuesday, Crown prosecutor Melanie O’Connell described the Suffolk Park man as controlling and jealous.
In October 2020, while the couple were driving through Cronulla, the woman received a Snapchat message from another man.
Upon seeing this, Fitzpatrick Burtt allegedly grabbed his phone, jumped out of the car and ran away.
He sent a message to the other man posing as the woman and arranged to meet him in Cronulla, where an altercation occurred, the jury was told.
Later that day, the 22-year-old allegedly grabbed the woman’s hair and forced her to drive him to a family friend’s house.
Joel Nathan Fitzpatrick Burtt is on trial for multiple charges of physical and sexual assault
On the way, he headbutted her after hearing something he didn’t like, O’Connell said.
That night, in a bedroom, he allegedly put his hands around her neck and squeezed.
“He had his other hand over her mouth and… she couldn’t breathe,” O’Connell said.
Fitzpatrick Burtt heard these arguments from the dock, supported by family members in court.
Ms O’Connell went on to say that the 22-year-old allegedly strangled the woman on another occasion in October 2021 as they lay in the bedroom of their Suffolk Park home.
He became angry because the woman was talking on the phone while he was trying to sleep, the jury heard.
A year later, he is accused of repeatedly raping and assaulting the woman on a Saturday night in a hotel room at the Star Grand after they both attended mutual birthday celebrations.
The complainant is expected to tell the court she returned to the room to retrieve something before leaving for another party.
While inside, Fitzpatrick Burtt allegedly grabbed the complainant by the neck and forcibly held her down.
After she refused his request for sex, he punched her in the side of the head and raped her, O’Connell said.
After sexually assaulting her several times, he kicked her in the face when she began to cry, poured ice on her as she lay on the ground and stomped on her, jurors heard.
He then left the hotel room before speaking to hotel security and police.
A sexual assault nurse who examined the woman the next day is expected to produce evidence of her bruises and injuries.
Defence lawyer Peter Skinner said his client denied the alleged incidents in Cronulla and Suffolk Park had happened.
He claimed the sex at the Star Hotel was consensual, but says certain acts alleged by the complainant and the Crown did not occur.
Fitzpatrick Burtt admits to hitting the woman causing bodily harm, but says this occurred at the end of the night after an argument.
“That happened at the end of a pretty bad sexual relationship,” Skinner said.
“He lost it and hit her.”
The assault did not occur before sexual intercourse to overpower the complainant as prosecutors claimed, Skinner said.
Fitzpatrick Burtt also denies kicking or stomping on the woman.
As the 21-year-old complainant gave evidence via audio-visual link on Tuesday afternoon, Fitzpatrick Burtt burst into tears and grabbed tissues from a nearby box.
The trial continues on Wednesday.
1800 RESPECT (1800 737 732)
National Service for Support and Reparation in Cases of Sexual Abuse 1800 211 028
Lifeline 13 11 14
