Court told candidate said sex acts with girl were consensual
A former political candidate accused of raping a 14-year-old girl adamantly claimed he was not a paedophile, a court heard.
The prosecution alleges Joey Myer indecently treated the girl he had trained in his position as a personal trainer on seven occasions between October 1, 2018 and January 6, 2019.
It is also alleged that he raped the teen on January 4, 2019.
Mr Myer pleaded not guilty in the Maroochydore District Court on Monday to 11 counts of indecently treating a child under 16 and one count of rape.
A now 22-year-old family friend of the girl, who had secretly been seeing Mr Myer prior to finding out about the allegations, organised with police to record a conversation with the 37-year-old.
The recording was played in court on Tuesday.
During a 30-minute conversation in a McDonald's car park on January 7, 2019, Mr Myer spoke about kissing, fingering and sucking the girl's breasts.
"What I've done over the past I don't know last six weeks I didn't even f------ see it coming'," he said.
"I honestly didn't see it coming and did I pursue it?
"I'm not sure it just f------ happened and I wish I never did it because now it's come back to bite me in the arse and I could be in serious trouble with the law."
In the recording Mr Myer was heard saying he didn't have sex with the teen.
"It wasn't predatory behaviour it was consensual," he said.
"She wanted you to do it?" the family friend asked.
"100 per cent you've got no f------ idea, she is all over me, f------ in my face loving it, but I should know better cause I'm the older one," he said.
"I'm not a f------ paedophile that's not who I am, I care for … (her)."
He said to the witness he suspected the girl had told police and was trying to get a confession during two calls.
"I'm f------, I was literally going to hit my lawyers over in Florida to say get me a plane ticket I'm coming, I'm gone I'm going to get straight into my plan, bang new identity, new face, new f------ body … no one will hear from me ever again," he said in the recorded conversation.
"I was that close just on the speculation that it may get out."
The two calls between Mr Myer and the girl were recorded by police and played in court.
Mr Myer was heard apologising to the 14-year-old after she stated she felt sick about alleged incidents that occurred at a number of Caloundra beaches and in his Golden Beach apartment.
After speaking with the girl, Mr Myer told her family friend he was a lawyer and knew how to get out of it if the girl had gone to police.
"If you get me caught I'm still going to get out of it because I know how to, you have to prove it, but I don't want to do that because I don't want to make her out for this f------ gone girl that was just staging this s---," he said in the McDonald's carpark conversation.
Mr Myer, who ran for the seat of Fisher in the 2013 federal election, said on the tape he had existing plans to set the girl's family up financially and asked the witness to speak with the alleged victim so she wouldn't tell police or her parents.
The witness told the jury the girl had said she felt like she had to go along with the things Mr Myer would tell her to do as he was helping her family financially.
Defence barrister Scott Neaves will cross examine the 22-year-old witness on Wednesday.
The girl's parents, and lead investigator in the case, Detective Senior Constable Peter Roberts, also gave evidence during the second day of Mr Myer's trial.
Crown prosecutor Christopher Cook asked the teen's mother about what occurred in January, 2019, after she had found inappropriate text messages between the 37-year-old and her daughter.
The mother said she discovered the "concerning" texts and immediately raised it with the girl after letting her father, sister and family friend know.
"We went back and spoke to (the girl) and she just broke down," she said.
"She just balled her eyes out and just hysterical.
"I wasn't getting any deep info it was more she was too scared or too upset to tell me."
The girl's mother and their family friend later had another conversation with the girl in her bedroom.
Mr Cook asked the mother if the girl had told them anything Mr Myer had said to her.
"Just that he wanted to have sex with her and that he loved her, that she's safe with him, he would often refer to himself as a big brother and he was always making her feel like she didn't have anything to worry about," she said.
Mr Neaves pointed out that previous text messages had been deleted and that the girl's mother had taken photos of the messages as she was worried the girl would delete them.
The girl's father spoke on how the fitness instructor was a "trusted friend".
He said he saw his daughter lying in one of the alleged locations on Shelly Beach when picking her up from a training session with Mr Myer.
He said she looked tired and "not with a lot of life".
Mr Neaves suggested that the girl had spoken with her father prior to him coming to the beach and said she was embarrassed by him and wanted to go home with Mr Myer.
Mr Neaves asked if the father remembered the conversation and suggested the girl had gone home with Mr Myer.
The father said he drove the teen home.
"As a teenage daughter you hear that a lot, so I couldn't pinpoint that on that day, no," he said.
Both parents said the girl began having personal training sessions with Mr Myer after he asked if she would be interested in some sessions free of charge.
"Do you think you could be confused and it could be … (your daughter's) idea to take up training with Joey outside the gym?," Mr Neaves asked the girl's mother.
She replied, "not at all".
The trial will continue on Wednesday.