Mills said the Jan. 20 recording of the threesome showed the woman was initially willing and consenting.

However, Mills said the woman had been seriously affected by illicit drugs. She said other sections of the video revealed the woman’s “extreme intoxication” and “cognitive decline”, where she was unable to give consent.

At different stages, the woman’s body became limp, her eyes were glassy or closed. At one point, she fell off a couch, Mills told the court.

O’Flaherty and Broughton will face a directions hearing at the County Court on December 2.

In 2018, Broughton launched a company called Private Society, which claimed on its website to offer a “playground for the curious and open-minded to explore connections beyond the norm.”

“We maintain strict rules and guidelines to ensure everyone feels safe and respected throughout our events. Our team is experienced in creating a welcoming environment and we encourage open communication between clients to establish clear boundaries and expectations,” the now-defunct website states.

The company regularly hosted swingers parties at Airbnb properties in Melbourne, before hosting regular events at a venue in Balaclava.

O’Flaherty had previously served in the Australian Defense Force in Afghanistan and, according to a recently deleted social media account, provided security for former Prime Minister Malcolm Turnbull during a tour of the Middle East.

According to Broughton’s RedHotPie profile, the 45-year-old trader has been active in Melbourne’s swingers scene for 14 years.

Using the pseudonym Josh Devlin, Broughton said he had attended “most of Melbourne’s biggest parties and fun events”.

“I love group games, social interaction and bringing like-minded people together. That’s why, after noticing the need for chic, specialized events, I started Private Society,” said Broughton said on his now-deleted profile.

If you or someone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Advice Service on 1800RESPECT (1800 737 732), life line 131 114, or Beyond the blue 1300 224 636.

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