Abhishek Timalsina has pleaded not guilty in his ACT Supreme Court retrial. Photo: Albert McKnight.
CONTENT WARNING: This article refers to an alleged sexual assault.
A retrial has begun for a staff member accused of sexually assaulting a customer in the back of an arts and crafts store in Westfield Belconnen.
Abhishek Timalsina, aged in his early 30s, has pleaded not guilty to six charges in his retrial that began before a jury in the ACT Supreme Court on Monday (16 June).
In November 2022, a woman entered an arts and crafts store in the mall before leaving about half an hour later. Two hours after that, she was in a hospital car park crying and messaging a friend about how she’d just been sexually assaulted, prosecutor Sofia Janackovic said during her opening submissions.
She said the case involved two strangers who spent 36 minutes in each other’s presence: the store’s staff member, Mr Timalsina, and the woman, who was a customer.
The woman went into the store just before closing time to buy art supplies and began talking to Mr Timalsina about his photography before he allegedly repeatedly asked to take photos of her.
The prosecutor claimed that the woman initially resisted before agreeing; then, he closed the shutter doors to the store and directed her to pose while he took photos of her inside.
The woman allegedly told him she felt uncomfortable, so he hugged her, then he took her into a back staff room to continue taking photos.
He allegedly asked if she wanted him to kiss her, but before she responded, he said, “I’m just going to go for it”, and kissed her.
Mr Timalsina is then alleged to have repeatedly indecently assaulted the woman and raped her twice.
Ms Janackovic said the woman claimed she was shocked when he kissed her, but kissed him back briefly, and pushed him away when he first touched her. But after this, she felt “quite sick and stopped reacting”.
The prosecutor also said it would be suggested to the woman that she had been “flirty” with Mr Timalsina, but she denied this. The woman said she was “being friendly” and didn’t find it easy to say “no”.
When police spoke to Mr Timalsina later that month, he told them he and the woman had been “vibing and connecting” that afternoon before they engaged in consensual sexual activity.
Ms Janackovic said there was no dispute that sexual activity took place in a back room in the store, but the issue for the jury was whether the woman consented to it and whether Mr Timalsina was reckless to her consent. Consent must be freely given and communicated, she said.
Defence barrister Stephen Robinson said what was in dispute in the trial was what was in the minds of the woman and his client at the time.
He said he expected his client would say that when the pair kissed, it had been mutual. His client would also claim the woman replied, “Okay”, when he said he would do a sexual act.
“The old adage, ladies and gentlemen: there’s two sides to every story,” Mr Robinson told jurors.
Mr Timalsina pleaded not guilty to four counts of committing an act of indecency without consent and two counts of sexual intercourse without consent.
The retrial continues before Justice Verity McWilliam.
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.
@Penfold PS Oh and being called a liar by the head of another ally - that's certainly embarassing on… View