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Shady past of trucker cleared of raping prostitute
11:03, 18 August 2005
A JUDGE made a point of telling a jury about a 42-year-old man’s shady past - after he was acquitted of raping a prostitute.
Judge Jeremy Carey revealed that the prosecution had asked him to allow four matters to go before the jury, all of a sexual nature and three involving call girls.
But the judge said he had ruled them out on the ground that the evidence would be prejudicial.
"One of them was a trial in this court in 2004 in front of another judge, when your client was acquitted of serious allegations, and two matters which were never subject to prosecution in relation to his alleged conduct with prostitutes," he told defence counsel Alistair Keith.
"When your client was arrested, this jury did not know because I agreed that it would not be read out, that his first reaction was: ‘Why does this keep happening to me?’
"There is a very simple answer to that question...your client may now be discharged."
Maidstone Crown Court had heard that the prostitute had visited Belgian-born truck driver Hans Portegys at his home in Thorn Walk, Sittingbourne, two of three times before.
She went there again on March 17 after Portegys contacted her escort agency.
The £140-an-hour call girl, who comes from Ashford, said she was merry, adding: "It helps to have a drink. It makes me a better actor." She had another drink at Portegys house.
He tried to kiss her, but she told the jury: "I don’t kiss. There are a number of things I don’t do. He was mauling or grabbing me.
"The next thing I knew, I got a hand or fist in the eye. There was no warning and I didn’t provoke it."
He hit her again, she said, telling her: "How dare you?"
She tried to leave, telling him to take his money back, but he stopped her. Then he threw her to the ground and called her a bitch and a whore.
Portegys ordered her to perform a sex act on him. She said she refused to do it without a condom but he forced her.
"He seemed to be getting off on making himself dominant," she said. It was then, she said, that he raped her.
Denying rape, Portegys said he had given the woman £140 for her services for an hour. He said she performed a sex act on him, then undressed and they had sex three times.
He had already given her a drink and she asked for another. He said she was "wobbly" and when he refused, she started pushing him.
Portegys said he pushed her away and she fell back. "I touched her arms," he said. "I believe I caught her face with my right hand. I was trying to steady her.
"I didn’t catch her face deliberately. I apologised and escorted her to the door."
Portegys said he contacted the agency and asked them not to send the woman again because she was drunk and made a scene.
The jury returned a unanimous not guilty verdict.
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