I just had a thought - Toastee has refused to give an account of what happened on the balcony - he is exercising his "right to silence" BUT his silence CAN be used against him - the jury may draw an inference of guilt from silence when the accused is the only one to know what happened and it would reasonably be expected that he disclose a version of events consistent with his innocence - the High Court case of Wintersteinner said as much - that case involved the murder of a fellow on a yacht - the accused was the only one who knew what happened and refused to provide an account - the judge directed the jury his silence could be taken into account in these limited circumstances.