Trump lawyers confirm he will not testify at civil rape trial after second woman accuses him of assault

Former president avoided the New York trial, instead travelling to Scotland for the opening of a new golf course

Donald Trump’s attorneys have confirmed he will not testify at the E Jean Carroll civil rape and defamation trial.

At the conclusion of the fifth day of the trial in New York on Tuesday, Judge Lewis Kaplan asked the former president’s legal team for confirmation about his possible appearance as a defence witness.

“So Mr Trump will not be coming?” Judge Kaplan asked, according to Law & Crime.

“That’s right, your honour,” his lawyer Joe Tacopina replied.

Mr Trump’s no-show had been widely anticipated after he had claimed in pre-trial arguments that he didn’t want to place “logistical burdens” on New York through street closures and security lockdowns.

In contrast, Ms Carroll has sat in the front row of court alongside her attorneys throughout trial, except for the three days she was in the witness box.

Mr Trump delayed confirming whether he would appear long after a court-imposed deadline of mid-April.

Instead, he flew to Scotland on Monday for the opening of a new golf course at his resort near Aberdeen accompanied by his son Eric.

Former US president Donald Trump disembarks his plane ‘Trump Force One’ at Aberdeen Airport (Getty Images)

Legal experts told The Independent before the trial began that Mr Trump was an “uncontrollable witness” who faced a major gamble whether he chose to testify or not.

“The risk for Trump if he doesn’t testify is huge,” Jennifer Keller told The Independent.

“The jury will hear only one side of the story — the plaintiff’s. And the jurors may well conclude he’s afraid of showing up because he knows the allegations are true.”

Mr Trump is being sued for rape and defamation after Ms Carroll accused him of sexual assault in the dressing room of the luxury Manhattan department store Bergdorf Goodman in 1996.

The 76-year-old strongly denies the allegations.

On day five of the trial, Jessica Leeds testified on behalf of Ms Carroll that she had been sexually assaulted by Mr Trump on a flight in 1979 when she was in her late 30s.

Jessica Leeds leaves the federal courthouse after testifying (AP/Seth Wenig)

Ms Leeds, 81, recalled she had been on a flight to New York’s LaGuardia Airport when she was offered an upgrade to a first class aisle seat next to Mr Trump.

After exchanging pleasantries, and having a meal, Ms Leeds said that the former president suddenly “decided to kiss me and grope me”.

“There was no conversation. It was like out of the blue. It was like a tussle. He was trying to kiss me, trying to pull me towards him. He was grabbing my breasts. It was like he had 40 zillion hands. It was like a tussling match between the two of us,” she said.

When Mr Trump tried to put her hand up her skirt, she got out of her seat and moved back to her seat in economy, she said.

She didn’t tell anyone about the alleged assault until just before the 2016 presidential election, she told the jury.

Under cross-examination, Ms Leeds said she hadn’t wanted to complain to her bosses about “the rigours of travel”.

“It was the late 70s, women didn’t complain about situations in their workplace,” she said.

After her testimony, Ms Leeds told The Independent outside court: “I’m exhausted, I’m above it all and I hope I never have to tell my story again.”

Earlier, Ms Carroll’s friend Lisa Birnbach testified that the writer had called her hyperventilating and upset immediately after the alleged sexual assault at Bergdorf Goodman.