A Gay barman from Bishop's Stortford, who told police he had been raped, is being tried for perverting the course of justice.
A jury, sitting at Cheshunt, heard that Daniel Schwan, who works at Chicago Rock Café, Anchor Street, alleged he was attacked in the railway station car park on November 18 2004.
But three weeks later, after a British Transport Police investigation, Schwan was charged with perverting the course of justice - the rape charge against Jeffrey Slominski, 26, was dropped in January 2005.
Yesterday (Wednesday, 15 March), Schwan, 29, of Edinburgh Gardens, who pleads not guilty, told the crown court he stood by his rape allegation.
The court heard that Schwan became upset during an evening out at Chicago's and claimed there was someone outside who wanted to "get him".
Friends walked him home at closing time as far as Scott Road. Schwan's landlord reported the rape allegation to police at 2.43am.
Questioned by prosecutor Beverley Cripps, Schwan yesterday said the walk to Scott Road had taken just five minutes.
He returned to Anchor Street to get food and cigarettes. He was urinating when he saw Mr Slominski.
"He came up behind me and pushed me against the railings and did what he wanted to do. I was scared: I froze. I didn't want to scream in case he did something else. Afterwards I just felt dirty. I just ran home."
Asked why, if he had been scared earlier, he had gone back, Schwan replied that he thought Mr Slominski would have gone.
The prosecution alleges Mr Slominski had confided in the openly gay Schwan that he wanted to "come out". He sent the defendant some sexually explicit text messages.
Ms Cripps said taxi records showed Mr Slominski was picked up at 2am and dropped in Sheering at 2.21am.
There was no forensic evidence to support or refute Schwan's allegation.
Defence barrister Roger Carne claimed Mr Slominski's texts indicated he had wanted sex and "cornered" Schwan in the bar, but was pushed away.
He claimed that after initially leaving, Mr Slominski returned to "have another go". Mr Slominski denied the allegations.
Mr Slominski told police he had not harmed Schwan and their relationship had "never been sexual".
Schwan insisted to police he was telling the truth. "If I was lying, I wouldn't have phoned you and taken it this far. What would I get out of it?"
The case continues.
from The Observer
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