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

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This page last updated July 11 2008

 

 

 

 



25 January 2008 - Defence witnesses



Vanessa Ropati



Giving evidence in her husband's defence, Vanessa Ropati told Auckland District Court today the pair had a "heated argument" about "parenting issues" on the night of the alleged rape.  She denied her husband had left the house to "cool off" but rather to give each other space. Mrs Ropati said she vaguely remembered her husband coming home that evening and stumbling into bed. She only learnt of the charges about six weeks later when Ropati called her from Auckland Central Police Station telling her to come down

A woman at the bar told the court she had come forward as a defence witness because she did not agree with how Ropati had been portrayed as a "predator and sleazy" on the night. She said she spoke with Ropati during the evening and found him friendly.

Dr Felicity Goodyear-Smith, a GP and associate professor at Auckland University, contradicted evidence given by prosecution witness Dr Ann Williamson about how the alleged victim received her injuries.


Felicity Goodyear-Smith
Expert witness


League players Stacey Jones, Tawerau Nikau and Dean Lonergan, all testified to Ropati’s good character. Mr Lonergan described his friend as being of a ‘‘gentle nature’’ and ‘‘respectful’’ to women, who liked him.  Tawera Nikau said Ropati was "very polite" and "enjoys being out and having a good time". Asked whether Ropati was disrespectful to women, Stacey Jones responded: "No ... he's very respectful to women all the time

The Sunday Star Times summarised the week’s evidence.

2008-0125 - Three News - Ropati's wife tells court they argued on night of alleged rape

2008-0125 - Stuff - Ropati fought with wife on night of alleged attack

2008-0125 - NZ Herald - Argument drove Ropati out, wife tells court

2008-0126 - Otago Daily Times - Heated argument: wife

2008-0125 - Newstalk ZB - Ropati defence witness has hazy memory

2008-0126 - NZ Herald - Ropati's wife: My husband's not sleazy

2008-0127 - Sunday News - Ropati's lawyers win witness recall

2008-0127 - Sunday Star Times - Race raised in Tea Ropati trial





24 January 2008 - Tea Ropati’s statement read out

Mr Gotleib told the court Ropati would call scientific and character witnesses but would not give evidence himself because there was nothing he could add to what had already been submitted

Ropati was formally interviewed by police nearly two months after the alleged offending took place. In his written statement, which Detective Nicholas Poore read to the court, Ropati said he and the complainant had kissed in the back room of the bar. He says they were both "acting up, and taking the mickey out of each other". He said they both agreed to leave on the understanding he was taking her home. But he says she would not tell him where she lived, so he pulled into a carpark at Victoria Park, where the alleged rape took place

2008-0124 - Newstalk ZB - Tea Ropati's statement read in court

2008-0125 - NZ Herald - Ropati's accuser had equiv of 14 to 16 drinks - scientist

2008-0125 - Stuff - Woman too drunk to consent, Ropati trial told





24 January 2008 - ESR Scientist gives evidence of intoxication

An ESR scientist, Alan Stolz, gave evidence that lab results estimate the complainant's alcohol level at the height of her drinking was between 238 and 296 micrograms per 100 millilitres of blood.  He said with levels that high, he would expect the person to experience serious intoxication. He says because the complainant was able to enter her pin number to buy drinks, it could have disguised her level of intoxication

Forensic scientist Alan Stowell told prosecutor Phil Hamlin alcohol had an anaesthetic effect, and with a level of up to 296mg, the drinker "is going to be affected to some degree". Ropati's lawyer, Gary Gotleib, asked Dr Stowell if blackouts and the resulting memory loss were a sign of a drinking problem.

Australian forensic toxicologist Olaf Drummer told the court he estimated the woman had consumed the equivalent of 14 to 16 standard drinks in the course of the night

2008-0124 - Newstalk ZB - Tea Ropati's statement read in court

2008-0125 - NZ Herald - Ropati's accuser had equivalent of 14 to 16 drinks - scientist

2008-0125 - Stuff - Woman too drunk to consent, Ropati trial told





23 January 2008 - Doctor says injuries “consistent with violation”

A doctor who examined a woman after she says she was raped says her injuries were consistent with some sort of sexual violation. Dr Ann Williamson, who specialises in sexual trauma victims, said the complainant was distressed and tearful when she was examined some hours after the alleged incident. She had genital injuries at three sites.

2008-0123 - Radio NZ - Doctor says injuries consistent with violation

2008-0123 - NZ Herald - Ropati's alleged rape victim in tears, distressed, court hears

2008-0124 - Otago Daily Times - Doctor gives evidence





22 January 2008 - Two women felt “uneasy” about Ropati

A female patron of Auckland's Whiskey Bar have described feeling uneasy about the behaviour of Tea Ropati. "I didn't like his vibe, so I went inside," one woman said of an encounter with him. He looked "particularly scruffy" and was wearing a beanie”

The second woman said she felt uneasy. "I felt like he was a little bit on the prowl ... just body language, really."

2008-0123 - NZ Herald - League star 'on the prowl' on night of alleged assault, says witness





22 January 2008 - Complainant cross examination

Mr Ropati's lawyer Gary Gotlieb suggested the complainant fabricated parts of her statement to the police. He says the victim's first statement omitted a large amount of detail which was conveniently added five weeks later. The woman, who became increasingly agitated throughout cross-examination, says the reason for her vague account was because she was still in shock. But Mr Gotlieb has suggested she consented to sexual activity with Mr Ropati and later regretted doing so.

The complainant admitted being drunk and on drugs at the time. She also told the court that she had consumed a small line of cocaine. She also said there's no doubt in her mind she was raped, despite the accused maintaining they did not have sex

Mr Gotlieb asked the woman how Ropati would have known that what was happening was not consensual. "I was in no position to consent, I had had too much alcohol," she said

2008-0122 - Radio NZ - Rape complainant testifies against sports star

2008-0122 - Radio NZ - Rape complainant testifies against sports star

2008-0122 - Radio NZ - Complainant admits being drunk and on drugs

2008-0122 - Radio NZ - Claim complainant fabricated parts of statement

2008-0122 -- Yahoo Xtra - Tea Ropati not "honourable" - alleged rape victim

2008-0122 - Radio NZ - Complainant says she was in no fit state

2008-0123 - Otago Daily Times - Level of intoxication centre of rape case





21-22 January 2008 - Complainant gives evidence

The complainant, a public relations account manager, says she remembers little of her ordeal. She said she was heavily intoxicated when she met Mr Ropati at a bar in Ponsonby. She says she remembers flirting with him but nothing more, despite security footage showing them engaging in sexual activity. She said although she has memory gaps, she recalls coming to in the back of Ropati's car. She says his face above her looked angry and twisted and she had extreme pain in her genitals and realised she had been raped.

2008-0121 - Radio NZ - Former rugby league player in court

2008-0121 - Daily Telegraph - Footballer Tea Ropati accused of rape

2008-0121 - Stuff - Ex-Kiwi player pleads not guilty to rape

2008-0122 - NZ Herald - League star: Sex was consensual





21 January 2008 - Video Evidence

Surveillance footage of the pair at a Ponsonby bar was shown in court. It showed the complainant at one point falling asleep on a couch, as Ropati continued to touch her. Ropati's lawyer Gary Gotlieb is arguing that the complainant was a willing participant and had taken drugs and alcohol

2008-0122 - Newstalk ZB - Further video evidence in Ropati trial





21 January 2008 - Opening addresses

 
From left: Philip Hamlin, Gary Gotlieb

Crown prosecutor Philip Hamlin alleges Ropati took advantage of a very drunk woman by sexually violating her, at a a Ponsonby bar and in his car. He said Ropati was "on the prowl" when he arrived at the bar, and was "very active" in his flirting with the woman. The rape is alleged to have happened in the Victoria Park car park in the central city, the other offences at the bar.  The Crown argues that the fact the woman was drunk and had taken drugs means she was incapable of consent.

Defence Counsel Gary Gotlieb says the complainant had been involved in a cocaine, marijuana and drinking binge and was very much a willing participant. He told the jury they must decide whether his client is a predator or merely a creature of circumstances. Ropati says he fooled around with the complainant but it was consensual and they did not have sex. "What the defence is saying is how could Mr Ropati be aware that she...buying her own drinks, taking her own drugs, how could he be aware of what her state was?"

2008-0121 - Newstalk ZB - Lawyer says Ropati "not a predator"

2008-0121 - Three News - Tea Ropati pleads not guilty to rape

2008-0121 - One News - Ropati defends sex charges

2008-0121 - NZ Herald - League star's alleged sex attack victim 'willing'

2008-0122 - Radio NZ - Crown claims Ropati on prowl





21 January 2008; Name suppression lifted as trial starts

The rugby league player facing sex charges has been identified as Tea Ropati. He pleaded not guilty to six charges, including rape and unlawful sexual connection at Auckland District Court. The trial is before Judge Phil Gittos; Defence counsel Gary Gotlieb and Crown prosecutor Philip Hamlin. Ropati was supported in court by three of his brothers, who are also prominent in rugby league circles. One of them, John Ropati, is acting as junior defence counsel

2008-0121 - Newstalk ZB - Tea Ropati faces sex charges

2008-0122 - Otago Daily Times - Ropati denies sex charges



Tea Ropati