Fifteen-year-old complainant says man swapped MDMA capsules for sex

The jury has been dismissed in a Warrnambool County Court case where it was alleged a man had exchanged drugs for sex with an underage girl.

Andrew Marwood, 27, of Colac, appeared in the Warrnambool County Court this week charged with nine offences.

Those charges included four counts of sexual penetration of a child aged under 16 years, as well as counts of trafficking MDMA to a child aged under 16, supplying MDMA to a child under 16 and attempting sexual penetration of a child under 16.

On Friday judge George Georgiou told the jury legal issues were canvassed during the past couple of days and those issues remained unresolved.

He said the matters could not be addressed in a day or two and may take weeks to resolve.

The judge said there was no alternative but to adjourn the case and discharge the jury without returning verdicts.

It's expected the case may be heard in the next circuit sitting of the Warrnambool County Court starting on June 20.

Tuesday: A man in his 20s alleged to have swapped capsules of MDMA for sex with a 15-year-old girl in the East Warrnambool Kindergarten cubbyhouse has pleaded not guilty to charges.

Andrew Marwood, 27, of Colac, appeared in the Warrnambool County Court on Tuesday charged with nine offences.

Those charges include four counts of sexual penetration of a child aged under 16 years, as well as counts of trafficking MDMA to a child aged under 16, supplying MDMA to a child under 16 and attempting sexual penetration of a child under 16.

Prosecutor David O'Doherty said on January 26 two years ago the 15-year-old complainant was staying at a friend's Warrnambool house with another 15-year-old girl.

They were drinking alcohol, talking about drugs and discussing trying MDMA capsules.

The complainant allegedly sent a message via social media Snapchat to Mr Marwood, who was at a party in Warrnambool, inquiring about ecstasy capsules and the price.

She claims she was told they were $60 each and alleged she went to an automatic teller machine to withdraw cash and met Mr Marwood in Lava Street while her friends were nearby.

The girl claims she and her friends consumed the drugs and then talked about getting more.

Mr O'Doherty alleged the complainant claimed to have been offered six MDMA capsules if she had sex with Mr Marwood.

It was claimed the girl told the man she was 14 years old.

The girl claimed that she agreed to the alleged proposal for eight MDMA capsules and she walked to a Raglan Parade park.

It's alleged Mr Marwood gave the complainant's two friends a capsule of MDMA each to go away.

The complainant said Mr Marwood decided it was too light where they were to have sex and the pair went to the East Warrnambool Kindergarten playground cubbyhouse where she says they engaged in sexual activity.

She says she was then given four MDMA capsules.

Mr O'Doherty said the prosecution claims the complainant's two friends were nearby and found the girl crying.

She went to police and made a report on January 27.

Barrister Jo Swinney said the case involved pretty horrible allegations involving drugs, kids and sex.

The barrister asked the jury to consider whether there were any drugs sold and was there sexual contact.

"We say it did not happen," she said, adding another question would revolve around what was missing from the prosecution case.

The trial before judge George Georgiou is expected to continue on Wednesday and to take a week.

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