Prominent athlete tells court he can't get alleged kiss 'out of my memory'

A high-profile athlete has denied making up an allegation that he was kissed by a prominent broadcaster at a public event, telling a court he "can't get it out of my memory". The man, known as Complainant M, is giving a third day of evidence in the broadcaster's criminal trial, alleging the broadcaster kissed him on the mouth twice without his consent in 2015 and 2020.

The broadcaster has pleaded not guilty to 22 charges of incident assault and sexual touching, relating to six male complainants. The trial is continuing in Sydney.

'I know the kiss happened'

On Thursday, Complainant M faced a second day of cross-examination from the broadcaster's lawyers, who asked the athlete why he sent the broadcaster a shirtless photo of himself, and pressed him on the tone of the pair's text message exchanges. Defence barrister Gabrielle Bashir SC also suggested the complainant gave conflicting evidence about where and when the alleged kiss happened at the 2015 event.

She suggested Complainant M told police two different things about which way his body was facing when the alleged kiss happened. Ms Bashir also presented to him dozens of photographs of the event which show the broadcaster and the complainant at various times during the night.

"I know the kiss happened because I can't get it out of my memory," Complainant M told the court. "What I do know and what I have been able to say very clearly … I know." "What I may not be able to give is who was sitting at my table … what direction I was facing."

Defence argues kiss 'could not have happened'

Ms Bashir suggested that according to the photos and the event program, the broadcaster could not have been standing in the spot the complainant alleged.

"I put to you this allegation could not have happened in any of the ways you have described," Ms Bashir said. "That's not correct," the athlete replied.

The court heard earlier this week that after the alleged 2015 kiss, Complainant M received a text message on the way home, which read "… I hope you can feel my kisses darling". The broadcaster's defence team argued the kiss with the athlete could not have occurred.

The prosecution has put forward evidence to support the allegation that the kiss occurred. But on Thursday, the defence put to Complainant M references to kisses were a common sign-off from the broadcaster, and pointed to a text on another day which read, "feel my kisses darling all over".

"He hadn't kissed you that day?" Ms Bashir asked. "No," Complainant M replied. "You hadn't even seen each other, had you?" "No."

Complainant M agreed the defendant used it "on numerous occasions" and at times it made him feel "uncomfortable". He said on the night of the alleged kiss, he "agonised" over how to respond to the broadcaster's late night message, and defended using the words "lots of love" at the end of the message because he "wanted things to go back to normal".

"I wanted the kiss that happened to have never happened," he told the court.

Ms Bashir also showed the athlete a copy of a text he had sent the defendant which contained a shirtless photograph of him. Complainant M said it was in response to a text from the broadcaster asking how he was doing, and he sent the picture because he had just had it taken at a photo shoot.

The trial continues.