A WA Police officer had a sexual relationship with a 16-year-old girl he met while on duty, and even allegedly had sex with her in the interview room at Fremantle Police Station, a Perth court has been told.

WARNING: This story contains details which may distress some readers.

The District Court has heard the former officer encouraged her to participate in threesomes, with the complainant thinking she “couldn’t say no” because he was with the police force. 

Gary Edward Fitzgerald, 55, is on trial, charged with five counts of sexual penetration of a child over 16, under their care, supervision or authority.

The time period covered by the prosecution case is from 1999 through to 2001, when Mr Fitzgerald was a serving officer.

The prosecution said Mr Fitzgerald first went to the 16-year-old girl’s home with another officer after she had called police, worried about a housemate who had run away.

A mid-shot of a middle aged man with grey hair wearing a black face mask and blue jacket walking on a footpath with cars behind.

Former WA Police officer Gary Edward Fitzgerald allegedly had sex with the teenager in an interview room at Fremantle Police Station. (ABC News: David Weber)

Following some “flirty comments”, he handed her his card with his mobile phone number on it, prosecutor Danya Borkowski said.

She said a sexual relationship soon started, with encounters “every week or so”.

On one occasion, the court heard, Mr Fitzgerald said he had “too much paperwork” and asked her to go to Fremantle Police Station with a made-up story about “an incident at Coles”.

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When they were in the interview room, the pair had sex, Ms Borkowski said.

Mr Fitzgerald later asked for the teenager to have a threesome with himself and a woman at his Samson home, the court was told.

‘She couldn’t say no’

The prosecutor said the pair also had a threesome with a man Mr Fitzgerald was living with in Bull Creek.

Ms Borkowski told the jury a 16-year-old can’t be considered as giving consent if Mr Fitzgerald was in a position of authority as a police officer.

“She believed she couldn’t say no,” the prosecutor said.

Mr Fitzgerald’s lawyer said his client thought the complainant was an adult woman at the time.

Defence lawyer David McCallum called on the jury to give his client “a fair go”.

He told the court that what would be in dispute was whether the then teenager was in his care, supervision or authority.

The entrance to the District Court of Western Australia, with a tree to the right of frame.

The District Court heard details of Mr Fitzgerald’s alleged offending against the girl.  (ABC News: Keane Bourke)

“He was never in a position to have any lawful authority over her,” Mr McCallum said.

Appearing in court via videolink, the complainant described in detail the sexual acts she engaged in with Mr Fitzgerald and others.

She told the court that when she first met Mr Fitzgerald, and they had gone looking for her housemate in Cottesloe, she made a flirty comment.

She was sitting alongside him in the police vehicle and found there was something “digging” into her.

“Is that your gun or are you happy to see me,” she said she asked him.

A man in a suit and tie named David McCallum walks down some stairs.

David McCallum urged the jury to give his client “a fair go”. (ABC News: David Weber)

The woman told the court she believed she was seeing the officer for about a year but said it was “sex on call” and was not “really a relationship”.

She said she felt it was the “price to pay” for him being available for issues related to her housemate.

She told the court she believed she “owed him” for being on call, but she also described herself as “naive”.

The trial continues.

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