Mr Ryan said if it wasn’t for the “intervention” of her friend the consequences could have been “much more serious”.
“Quite bizarrely he also obtained consent from the friend of the victim,” Mr Ryan stated in court.
Five affidavits had already been handed over to police ahead of the bail application, including statements from former Dragons coach Paul McGregor, NRL legend Darren Lockyer and player agent David Riolo.
Mr Sailor’s lawyer Richard Pontello SC argued that anyone that night could have administered the drugs to the alleged victim and said that his client believed he had received consent.
Mr Pontello read out a text exchange between Mr Sailor and the alleged victim that he believed outlined his client’s innocence.
“What happened last night?” the woman messaged the day after the alleged incident, according to Mr Pontello.
“Sorry I had to go, how are you feeling today?” Mr Sailor responded.
“Tristan, I don’t remember anything after the Uber to mine, need to know for peace of mind, what happened – did we have sex?’ she allegedly replied.
“Sorry I was out. We were playing drinking games and yes we did have sex I asked you and [victim’s friend] so everything was sweet. I pulled out and everything so it was sweet,” he is alleged to have replied.
Mr Pontello argued his client’s innocence by pointing out that Mr Sailor had “asked how she was feeling” and only had sex with the alleged victim after obtaining consent.
He argued his client was of “excellent character” and that the allegations came as a “complete shock” to those that knew Mr Sailor well.
Mr Sailor was granted bail by Registrar Cally D’Arcy, who imposed a number of strict conditions on the emerging player.
According to police, the alleged victim met up with her friend for dinner before the pair went to the Beach Road Hotel about 6.30pm.
The friend knew Mr Sailor and had planned to meet up with him.
A group later went back to the alleged victim’s unit in Wolli Creek home about 8pm before the incident occurred around an hour later. Police alleged she was found unresponsive by her friend at 10.25pm.
The alleged victim sought after-hours care before going to hospital on Sunday. She reported the incident to police on Monday. The woman sustained injuries as a result of the assault, police say.
Police allege the victim and Mr Sailor had engaged in sparse contact via social media over the past year.
Mr Sailor, who lives with his parents in Wollongong, was arrested at their house on Saturday morning.
He was later charged with alleged aggravated sexual assault on Saturday and spent the night in police custody.
His mother, Tara Sailor, arrived at Wollongong Police Station on Sunday morning after his son’s bail was granted.
“No comment,” Mr Sailor told reporters before the pair jumped in a car waiting outside the station.
Mr Sailor was automatically stood down under the NRL’s no-fault policy on Sunday, which applies if players are facing charges that carry a maximum penalty of 11 years or more in prison.
“The game has the strongest stance in Australian sport on these matters,” NRL chief executive Andrew Abdo said on Saturday.
Mr Sailor was told last month he would not be offered a contract next year with the Dragons under new coach Anthony Griffin and is without a club for 2021. He remains under contract with St George Illawarra until October 31.
“The club is taking the matter very seriously and will continue to work with Tristan and all relevant authorities,” St George Illawarra said in a statement made on Saturday.
Mr Pontello represented Penrith player Tyrone May last year after he was charged with four counts of intentionally recording an intimate image without consent.
Mr Sailor will appear in Sutherland Local Court on December 3.
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Sarah is a journalist for The Sydney Morning Herald.