Josh Ryan Fenwick (left) and Thiago Tonti Fanti are fighting their charges at a Supreme Court trial. Photos: Albert McKnight.
CONTENT WARNING: This article refers to alleged sexual assault and child abuse.
When the trial of two housemates accused of raping two 16-year-old girls drew closer to its end, one of the men loudly accused the other of being a “liar”.
Josh Ryan Fenwick, 29, and Thiago Tonti Fanti, 48, are fighting the allegations in an ACT Supreme Court jury trial that started last week.
Jurors heard the two girls attended a small gathering Mr Fenwick held at his home in September 2022.
At the house, it is alleged Mr Fenwick digitally raped the first girl despite her repeatedly telling him “no”. He also allegedly filmed himself having sex with the second girl, then sent the footage to the first girl via the social media app Snapchat.
Mr Fanti later allegedly had sex with the second girl when she was going in and out of consciousness due to her intoxication.
Mr Fenwick denied engaging in any sexual activity with either girl, while Mr Fanti denied having sex with the second girl.
He gave evidence on Monday (20 October), saying he and Mr Fenwick had “zero” social relationship and the latter had owed him rent money.
Jurors heard that sometime after that night, Mr Fenwick texted Mr Fanti to say he’d been told a girl the latter recently had sex with was considering going to the police.
“I have no idea what you’re talking about. LOL,” Mr Fanti replied.
When asked about this exchange in court, Mr Fanti reiterated, “I have no idea what he’s talking about”.
His barrister, Ramesh Rajalingam, asked him what he would say now to Mr Fenwick about the latter’s apparent allegation that he had sex with one of the girls that night.
“You a liar, man,” Mr Fanti loudly said.
“What have you done?”
When asked if he felt like Mr Fenwick was responsible for him being charged, he replied, “100 per cent”.
Mr Fanti claimed he heard Mr Fenwick having sex with someone in his bedroom that night.
“You are prepared to say whatever it takes in terms of blaming Mr Fenwick,” Mr Fenwick’s barrister, James Maher, suggested to him.
“No, just tell the truth,” Mr Fanti replied.
In closing submissions on Tuesday (21 October), Mr Maher said when police spoke to Mr Fenwick three months after the incident and asked him about the allegations, he was “completely blindsided”.
When confronted with the allegation that he digitally raped the first girl, he said, “You’re joking. That didn’t happen”.
Josh Ryan Fenwick, 29, is assisted by his lawyer, Amelie McCarthy of Legal Aid. Photo: Albert McKnight.
Also, when asked about having sex with the second girl, “he was bewildered by that allegation, he said his mind was blown”, Mr Maher said.
“It’s a load of s-t,” his client said of the allegations.
Mr Rajalingam said there was no dispute the second girl was drunk that night – she claimed she may have had up to 30 drinks – while the first girl was “probably a little less intoxicated”.
He said both girls had broken memories of the night, and he argued the second girl’s memories were unreliable.
For instance, he said this girl originally claimed his client gave her cocaine, but later admitted she didn’t know who gave her the drugs. The first girl said others supplied the cocaine that night.
Mr Maher said another man at the party rejected the advances of the second girl that night and left the house, followed by Mr Fenwick. He asked if the girls felt unsafe, “then why did they stay at the house?”
Also, Mr Rajalingam said when the second girl was asked to describe the person who raped her, she gave what “may very well have been the description of another person”. A DNA sample taken from the girl didn’t match his client, he said.
“There is, in my submission, a real chance [Mr Fanti] is taking the fall for someone else,” he argued.
Mr Fanti is from Brazil, and his barrister explained that his use of “LOL” in the text was due to his limited English, as he was responding to what he thought was “a totally laughable proposition”.
Mr Fenwick has been charged with single counts of sexual intercourse without consent, producing child exploitation material and using a carriage service to transmit child abuse material, while Mr Fanti was charged with one count of sexual intercourse without consent. They pleaded not guilty.
The trial continues before Acting Justice Peter Berman.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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