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Page 2 - 1st week of the trial

Tea Ropati - League Star accused of rape
Not Guilty
”a case that should never have gone to trial” - Lawyer






Sunday Star Times
January 27 2008

Race raised in Tea Ropati trial
by Tony Wall

Tony Wall looks back at the first week of the rape trial of former Kiwis league star Tea Ropati.

In a trial that had it all celebrity, sex, drugs it was perhaps inevitable that someone would play the race card.

It happened on day two of the Tea Ropati rape trial, which occupied the Auckland District Court all of last week. The witness, a friend of the complainant, was a blonde, 30-something, public relations type with all the right clothes and accessories, and a barely hidden contempt for the accused.

Defence lawyer Gary Gotlieb, whose dapper, teddy-bear appearance belies his bulldog qualities, pulled the witness up on her obvious dislike of his client.

Gotlieb: "You clearly didn't like Mr Ropati at all, did you?"

Witness: "Absolutely not."

Gotlieb: "Not your type of person?"

Witness: "No."

Gotlieb: "Wrong colour?"

It seemed out of place in a New Zealand courtroom and brought audible gasps from the public gallery, but the witness, whose name was suppressed, didn't miss a beat.

"It's nothing to do with colour, it's all about the vibe," she shot back.

Jury trials can be incredibly boring, but exchanges like this, and witnesses that included retired sports stars, PR people and fashion gurus, made for fewer dull moments.

Ropati faces one count of rape, two of sexual violation and three of attempted sexual violation.

The basis of the Crown case is this: that Ropati, 42, was on the prowl on the night of June 14, 2006, that he attached himself to the complainant's group at the Whiskey Bar in Ponsonby, that he took advantage of her drunken, almost comatose state, attempted to sexually violate her in a back room and then took her in his car to nearby Victoria Park and raped her while she was passed out.

The woman claims she remembers none of the alleged offending but alleges that she came to, saw an angry face over her, was in extreme pain, and was given $40 by Ropati for a cab and told "get the f--- out of my car".

The defence says the 36-year-old victim had been on a drink and drugs binge, smoking marijuana and snorting cocaine, was intoxicated but in control and was a willing participant in the sexual activity.

According to evidence given, Ropati told police he was being a "complete tit" for cheating on his wife, but says he didn't do anything to the complainant that was against her wishes.

"The only thing wrong I have done is what I have done to my wife."

Ropati and his wife, Vanessa, had married just four months prior to the alleged rape. She made a dramatic appearance on Friday, dressed immaculately in a black, knee-length skirt, white blouse, and high heels. She gave her husband a warm smile as she passed him on the way to the witness stand, and talked about their "wonderful romance". Ropati was misunderstood, she said. He was "cheeky" and liked to "take the piss", but he was not the "macho, stereotypical, scruffy league player" portrayed by other witnesses. He was intelligent, well spoken, and fitted into any social situation. "He breaks down stereotypes very quickly."

Vanessa Ropati spoke about how she and her husband had had a heated discussion about parenting on the night of the incident and he had left to get some space.

She had not sat through any of the video evidence screened repeatedly throughout the trial, showing her husband dancing with the complainant, kissing and groping her.

The trial has revealed the extent of the Big Brother world we live in, with almost every move made by Ropati, the complainant and her group of friends captured on closed circuit cameras outside the Whiskey Bar, in the main bar area and in the back room.

Evidence was given by one of the complainant's friends who, according to another witness, walked into the bar that night, said "I'll have your most expensive bottle of champagne, please", then, according to evidence, proceeded to get more drunk than anyone else in the group.

In court the complainant's friend admitted flirting with Ropati and the CCTV footage showed she was oblivious to a youth grabbing her handbag and running off while she stood outside smoking.

Her partner, who gave evidence that he was sober on the night and had been dating her for only a couple of weeks, said at one point that night he noticed Ropati with his hand down the complainant's top and his other hand on his partner's thigh. He said it was an "entanglement" that he "wasn't too excited about. I made a mental note of it".

Other members of the group, including the woman Gotlieb accused of racism, had already left the bar.

It is claimed that Ropati approached the group outside the bar as they smoked cigarettes. One woman gave evidence that "he sort of moseyed up in a sleazy way and stood there moping". "He certainly didn't look like someone we would socialise with."

Another member of the group, a prominent figure in the fashion industry, had her name suppressed for "personal reasons". She also gave evidence that she took a dislike to Ropati but said she hadn't recognised him. "I'm not interested in sports players."

The only member of the group who, according to the evidence given, didn't seem to have a problem with Ropati was well known fashion designer Adrian Hailwood, who immediately recognised him and introduced him to the women. "He was quite pleasant, I talked to him about rugby league and that was it really," Hailwood said.

Gotlieb asked him if he was excited to meet Ropati. "For sure," he said.

Stacey Jones, Tawera Nikau and Dean Lonergan, former Kiwis team-mates of the accused, took the stand to testify that he was always respectful to women in social situations.

The trial has also been remarkable as one of the first to be run under the new Evidence Act, which gives jurors the power for the first time to ask questions of witnesses. They took advantage of this, sending a steady stream of messages to Judge Phillip Gittos.

At one point they wanted to know of a medical expert whether the signs of "blunt force trauma" to the complainant's genital area and anus could be caused by "rough sex". "It depends what you mean by rough sex," the expert said. The matter was rather awkwardly left there.

The trial will resume this week with long-time league supporter the Mad Butcher, Peter Leitch, the last of the defence witnesses.