Final sexual assault charge dismissed for bucks party rapists

A sexual assault charge has been withdrawn against three men who have been found guilty of gang raping three teenagers during a bucks weekend.

Andrew David, 30, and brothers Maurice Hawell, 30, and Marius Hawell, 22, were found guilty of multiple sexual assault offences after a trial in the NSW District Court earlier this year.

A jury determined the trio gang raped two 18-year-old girls and a 19-year-old girl over two nights in February 2022 while staying at an Airbnb to celebrate Maurice’s upcoming wedding.

The jurors returned unanimous guilty verdicts on 10 out of 11 sexual assault charges but were unable to determine the remaining charge, which related to the alleged anal rape of an 18-year-old girl.

The remaining charge was withdrawn by the Crown prosecutor in the NSW District Court on Friday.

“There will be no further proceedings,” she told the court.

Judge Gina O’Rourke subsequently discharged the three men on the charge of aggravated sexual assault in company.

Andrew and the Hawell brothers will return to court next month to be sentenced for gang raping the three teenagers.

The 18-year-old women told the court they had been raped when they went into a bedroom to retrieve their phones as they prepared to leave the Airbnb on Friday night.

One of the teens said she was forced to engage in sex with a man she couldn’t see while another man knelt on her arms and thrust his penis into her mouth.

At the same time, the other 18-year-old said she was held down on a neighbouring bed and stripped naked by a “swarm” of men.

She described trying to bat away a man’s penis as he tried to put it in her mouth, while another man tried to place her free hand on his penis.

The teen said she was then raped, but she was unable to identify her attackers because the room was so dark.

Although the 18-year-olds could not see their assailants, the jurors accepted the Hawell brothers and Andrew were responsible for the attacks.

Maurice and Mr David claimed the teens agreed to have group sex and gave no indication they were not consenting throughout the acts or afterwards.

Marius alleged he did not participate and wasn’t even in the room.

The jury also found the trio guilty of raping a 19-year-old woman on the Saturday night.

The court was told Maurice had approached the teen on the street and used a fake name as he persuaded her to come back to the apartment for pre-drinks.

Instead of giving her a drink, the teen said he pushed her onto a bed and he asked for a threesome with him and Andrew.

“What? No,” she recounted telling him.

Despite her refusal, she said Andrew knelt on her shoulders and forced his penis into her mouth while Maurice raped her.

The jury accepted that Marius entered the room and turned on his phone’s flashlight as Maurice and David took turns sexually assaulting the 19-year-old.

The court was told the teen put her pants on backwards in her haste to leave the apartment afterwards and she was “sobbing” when she told a friend about the assault.

All three men have continued to maintain their innocence.

Maurice and Andrew maintained that all sexual activity was consensual, while Marius claimed he did not participate in any of the sexual incidents during the bucks weekend.