Alan Jones acted on sexual interest in ‘significantly younger men’, prosecutors allege

Save

You have reached your maximum number of saved items.

Remove items from your saved list to add more.

AAA

Prosecutors in Alan Jones’ indecent assault trial have been given the green light to rely on evidence they argue suggests a pattern of behaviour when acting on his alleged sexual interest in “significantly younger” men.

On Monday – in a judgment that can only be reported now after an interim non-publication order was lifted on Wednesday morning – Local Court Judge Glenn Walsh ruled in favour of the Crown and said types of circumstantial evidence known as tendency and coincidence evidence were admissible in the trial.

Alan Jones outside court after an earlier appearance.Rhett Wyman

Jones, 85, has pleaded not guilty to 22 charges of indecent assault and sexual touching relating to six complainants spanning from 2003 to 2020. The Crown expects to call 76 witnesses.

The former broadcaster is accused of committing the crimes at his harbourside apartment, his farm at Fitzroy Falls in the Southern Highlands, and a lower north shore restaurant. Others allegedly occurred at functions and events throughout Sydney.

Ahead of his lengthy Downing Centre Local Court trial, set to start in August, Walsh has heard several days of pretrial argument.

Prosecutors are seeking to rely on tendency and coincidence evidence to establish that Jones engaged in a pattern of behaviour in relation to the complainants.

This decision means the prosecution will attempt to prove that Jones had a tendency to act on a particular state of mind, namely a sexual interest in men significantly younger than him, by touching them in a professional or social context.

The alleged conduct includes sexually touching the men on the genitals, buttocks or thigh, or kissing them on the mouth, sometimes on the first occasion they had met.

One complainant was expected to give evidence that Jones touched him on the bottom during a fundraising event, the court heard.

Prosecutors allege the touching or kissing was initiated unexpectedly or without prior indication that it was wanted, came with an underlying relationship that was platonic, professional, or was based on a power dynamic where Jones was an employer, mentor or benefactor.

Jones leaves Day Street police station in November 2024 after being arrested and charged.James Brickwood

Another complainant is expected to give evidence that Jones kissed him non-consensually on a number of occasions, including after the pair had watched tennis at Jones’ Sydney apartment, and at Jones’ farm, and that the broadcaster had told him, “I love you so much.”

The Crown will also seek to rely on coincidence evidence in relation to some of the complainants, arguing the similarities in their accounts of incidents of non-consensual sexual touching or kissing bolsters their credibility.

During the pretrial hearing, the prosecution foreshadowed that it would rely on two coincidences, relating to allegations he touched the genitals of two separate complainants while they were driving him, and kissed four complainants on the mouth or lips.

In allowing the tendency evidence, Walsh accepted there were “22 times where there is direct evidence where the asserted tendency has manifested itself”.

“No complainant has any relevant association with any other complainant,” the judge said.

Walsh said the similarities of the allegations could rationally affect the assessment of the probability of the touching and lack of consent, and it had “significant probative value”.

Separately to the tendency evidence, the judge allowed the coincidence evidence. The Crown is seeking to rely on that evidence to demonstrate an improbability that two or more complainants – who are unknown to each other – would fabricate or report such similar allegations against the same person coincidentally.

“There are the similarities disclosed as particularised, relating to the respective complainant’s accounts of the events and the circumstances that [include] touching, locations, backgrounds,” Walsh said.

The judge made clear Jones “has the presumption of innocence” and “it is the prosecution that bear the onus of proof throughout, beyond reasonable doubt, for each element of each offence as charged”.

Strike Force Bonnefin was established to investigate the former teacher and Wallabies coach following a major investigation by The Sydney Morning Herald and The Age.

Jones has always maintained his innocence. His trial is scheduled to run from August 3 until potentially December.

*Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.***

Save

You have reached your maximum number of saved items.

Remove items from your saved list to add more.