Sexual assault and rape trial jury hears footballer's police interview

The Sunderland winger’s police interview, following his arrest several hours later on the day of the alleged incident, were read to the jury today (Thursday January 4), on the third day of his trial at Newcastle Crown Court.

Mr Diamond, 23, of Fatfield in Washington, denies both charges of rape and sexual assault, said to have taken place at his flat shortly after midnight on Sunday May 8, 2022.

The trial has previously heard he contacted the complainant, late on the night of Saturday May 7, to see if she wanted to come over to his flat.

In his police interview he said he had been to a local pub in Washington with friends earlier that evening, when he had drunk four to five pints of lager.

On his return home he messaged the woman, as per their previous practice, and she agreed to drive over to his home.

The defendant told police he was in bed and the complainant came into the flat and went to his room, where she took off her clothes and joined him in bed.

He said there was some mutual sexual touching and feeling, but the woman then seemed to try to initiate full sex to which he said he did not think it would be, “a good idea”.

The defendant said the woman then turned her back to him, so he tried to console her as he believed she was, “in a huff”.

“I went to give her affection because she was annoyed, because she has said in the past you (the defendant) ‘only use us’."

He said they began kissing, which he did to try to make up to her, and he told police the woman was also responding by kissing him.

But he said she then pushed him away and told him: “The moment's gone.”

The defendant said he then said “fine” and went to turn over to go to sleep, adding: “I wasn’t really in the mood for it.”

He was then asked by the interviewing detective: “From your point of view everything was consensual and when she asked you to stop, you did?”

The defendant agreed and denied the complainant’s claim that he had held her hands down or pinned her down at any stage.

He said: “I went to feel her and she pushed my hand away, straight away. I just stopped straight away.”

The defendant said he then went to the bathroom and on his return to the bedroom intending to go to sleep she was on her phone and then she said she was leaving, to which he replied, “fine”.

Earlier in the trial the court was told they met on the dating app Tinder about two years earlier and agreed to be “friends” only, but, “with benefits”, and the majority of their relations was sexual.

Mr Diamond said the complainant had never verbally stated she wanted more out of the relationship, and when she had asked if she wanted to go out with him, he said he was, “not sure.”

He told the interviewing officer: “I have always made it clear what my intentions were.

“I have never forced her to do anything.

“I said you don’t have to if you don’t want to come around.”

Prosecuting counsel David Povall then read the jury some “agreed facts” in the case, including the complainant’s replies to a 999 call handler at 1.47am that day.

Asked if she was reporting, “a sexual assault or a rape,” she said: “A sexual assault.”

The defendant was said to have been arrested at 8.55am on suspicion of sexual assault, before his interview later in the day.

Following the delivery of agreed facts, Mr Povall then closed the case for the prosecution.

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Since the charges were brought by police, in March last year, Mr Diamond has remained suspended by Sunderland AFC.

A loan deal in existence at the time with Lincoln City was also terminated.

The trial continues.