The co-founder of clothing firm Superdry, James Holder, who is accused of raping a woman, refused to go home when he was put into a taxi after a night out drinking, a court has heard.
Holder, 54, was drunk and a taxi was arranged to take him and his friend back to his large home in the Cotswolds after a night out in Cheltenham, Gloucester Crown Court heard. However, instead of going home, Holder and his friend got out of that taxi and entered the taxi of the woman he is accused of raping hours later at her home, jurors were told.
The court heard there is no dispute that sexual activity took place between the multi-millionaire businessman and the woman, but Holder insists it was consensual.
Witness Testimony
The trial, sitting in Cirencester, heard evidence from witnesses who were out on the evening of May 6, 2022, in Cheltenham. One woman told the court she had arranged a taxi to take the defendant and his friend back to his home. "I flagged him down a taxi. They both got into the taxi. James said: 'I am not going home,'" she said.
The witness said she then flagged down a second taxi for the complainant and put her in the front passenger seat. "The two guys got out the taxi and into the back seat of her taxi. I said to the taxi driver: 'There's two drops,'" she told the court. "Because she had already got into the taxi, I told the driver to take her home and when the two guys got in, I said: 'There's a second drop,' and that was that."
Phone Call After the Incident
Later, the woman said she tried phoning the complainant to check she had got home, but got no answer. Instead, she phoned Holder's friend, who handed his phone over to the complainant. "I just remember checking that she got home safely, and it seemed like the guys are there," the woman said. "She said she was fine. I could hear music in the background. She said she was making gin drinks and it's fine."
"We were speaking for a couple of minutes, and I was quite worried because she seemed quite drunk." The woman said she offered her spare bedroom to the complainant, but she declined.
Next Day Revelations
The following day, the woman was contacted by another friend who was concerned for the complainant, and they went together to her home, where she disclosed some details of what had allegedly happened. "Somehow, she ended up getting into her bed with James. Somehow, they started kissing," she said. "I asked her how comfortable she was with that, and the kissing, and she told me she was."
"She then said things went further and they have ended up having sex. She said she didn't want to have sex but she ended up having sex with James." The witness added: "She was quite hazy on the detail about how they got their clothes off, but she said it got to a stage where it got uncomfortable. She said he left at about 4am."
Defence Questions
Michelle Heeley KC, representing Holder, asked the woman whether during her conversations with the complainant the day after the alleged incident she had asked her whether she had been raped. "I didn't use that word - it's a big word. I don't recall it," she said.
The second woman who had attended the complainant's home the next day described her as "quiet". "She wasn't giving a lot of detail, but she said that James had tried to have sex with her," the witness said. "She said she didn't want to have sex with him."
She said that after the other woman left the complainant's home, she called 111 asking for advice after the complainant mentioned rape. "Obviously that was a difficult thing to hear and something I had not experienced before, so I suggested perhaps calling 111 for some advice and clarity."
Holder, of Cheltenham, Gloucestershire, denies charges of rape and assault by penetration. The trial continues.
