Gary Edward Fitzgerald: Former WA police officer accused of having sex with teen girl in police station

A former Fremantle police officer has admitted to having a sexual relationship with a teenager he met on the job more than two decades ago. Gary Edward Fitzgerald faced Perth District Court on Monday to stand trial on five counts of sexually penetrating a child over 16 under his authority. He has pleaded not guilty to all charges. The 55-year-old is accused of engaging in intercourse with a 16-year-old girl on multiple occasions between 1999 and 2000. Crown prosecutor Danya Borkowski told the court, the victim first met Fitzgerald when he attended her unit with another officer to investigate welfare concerns for her missing flatmate. In the subsequent months, they allegedly had intercourse at the girl’s unit and inside an interview room at Fremantle Police Station. Ms Borkowski said the girl was old enough to consent, but she was under the authority of Fitzgerald as a police officer. Defence Barrister David McCallum told the jury, the former police officer did not dispute having sex with the girl and described it as a consensual “casual sexual relationship” between the pair. Fitzgerald denies the intercourse occurred inside a police station, or that the girl was under his authority at the time. He also argues he reasonably believed she was an adult. The alleged victim appeared via video link in court and described Fitzgerald as “flirty” when she first met him. She said he left a business card with his mobile number - which she used to keep in touch. She recalled being asked by Fitzgerald to come down and visit him while he was on shift at Fremantle Police Station. He allegedly took her into an interview room. “He locked the door. . . and we had intercourse,” the woman told the court. “At a later time, he told me he had the (interview) camera recording and that he had the tape.” On a separate occasion, the woman recounted being driven by Fitzgerald to his friend’s place where she got undressed with him and another man and alleged they had a threesome. Fitzgerald is also accused of having another threesome at his house with the girl and her older friend. During cross examination, Barrister David McCallum further questioned the woman for details on her interactions with Fitzgerald and her recollections. He asserted that the sexual intercourse at Fremantle station did not occur. The trial will continue Tuesday.