Lawyer argues that threesome was consensual

Waiouru Military Camp Photo/File

A defence lawyer for one of two men accused of forcing a woman into a threesome at Waiouru Army base is arguing the sex was consensual, and the complainant was thinking about getting back with her ex partner when it happened.

The trial began yesterday for Michael Williams Galvin and Keith Issac Cook who each pleaded not guilty to three charges of sexual violation and three of indecent assault after the alleged offending in a Unimog on October 5, 2012.

Following questions by Galvin's defence Chris Tennet, the complainant agreed there had been talk of her and her ex partner getting back together after splitting earlier that year. They had a child together.

The ex partner was the complainant's first point of contact after the alleged offending, and Mr Tennet said the ex partner called the complainant "more than once" throughout the night after the police were called.

"He said that to the police, that he thought you were getting back together," Mr Tennet said.

They are now back together.

Earlier in the night, before the alleged offending, the complainant had consensual sex with another man at his barracks after meeting up with him after an Oktoberfest party at the army base.

Mr Tennet asked whether the complainant met up with the man outside the party rather than leave the party with him because she was worried about gossip.

"Did you say to [him] that you were concerned about gossip?" he asked.

"I'm always worried about gossip," the complainant replied. "You don't want everyone knowing everything about you."

Crown prosecutor Megan Jaquiery asked the complainant why she called her ex partner before her mother or sister.

"We had been together for a while, we'd been through bad stuff together," the complainant replied.

"At the time I just felt comfortable calling him."

She said she didn't want to call her mother and wake her at that time of night, and didn't want her father finding out and trying to "fix it himself".

The trial will continue until Thursday or Friday.