Forbes also cast doubt on the extent to which Lovell’s claims he was impacted by being called “stupid and white”, noting that no other officers “in that room claimed to feel impact”.
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She warned the jury to treat the “one dimensional image” they had been presented of a “drunk and angry woman” with caution. She said the prosecution had played footage of Kerr saying “f–king stupid and white” to, in part, “capitalise on the shock factor” and wear them down after “hearing those words time and time again”.
“What cannot be captured on camera was what was going on in Samantha Kerr’s head,” she said. “Intention is very much in dispute.”
Forbes said some of Kerr’s behaviour, such as mentioning lawyers during the exchange, could be compared to “a puffer fish blowing itself up” to feel more secure.
During the trial, Kerr denied using “whiteness as an insult” and explained: “I believed it was him using his power and privilege over me because he was accusing me of being something I’m not… I was trying to express that due to the power and privilege they had, they would never have to understand what we had just gone through and the fear we were having for our lives.”
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The taxi driver, who both Kerr and Mewis said they believed may have been taking them “hostage”, has remained anonymous throughout the trial and was not called to give evidence as a witness.
Speaking to the jury during her closing remarks, Forbes said: “No consideration appears to have been given that the driver could have done what two women said he did and still ended up at the police station… even if you are drunk you can still be the victim of a crime… no wonder the police have never heard from the driver again.
Kerr, of the sport’s biggest and most recognisable stars, has been recovering from an anterior cruciate ligament injury for the past year, having sustained the serious knee injury during a training camp in Morocco a year ago.
A striker with Chelsea striker in the English competition, she has been instrumental in the club’s success since joining in 2019, winning the Women’s Super League five times and the Women’s FA Cup three times. She has scored 99 goals in 128 matches for the club.
The jury deliberated for just over an hour before they were sent home by Judge Peter Lodder. He said he wanted a unanimous verdict but could, later, consider a majority verdict if he was content enough deliberation had taken place.
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