Allegations of Abuse in NZ


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Page 2 - 2006 (Trial)

 




Stuff
November 8 2006

Witness felt sorry for rape accused
NZPA

A married man who had a short extramarital affair in the 1980s said when he heard the same woman had later accused a former policeman of raping her he felt sorry for what the accused "was up against".

Les Gardener, 52, a builder, said he had sex in the back of a car after a cowshed party with the woman, now 63, in a small Northland community 19 years ago.

He said he woke up the next day ashamed of his behaviour and visited the woman to tell her to keep the interlude a secret.

"I went out to her place to see her and to tell her to bury this," he said.

"She was in the shower and walked straight out with nothing on and I said 'no, no' to the complainant."

"She said to me 'you've been a naughty little boy and I want another piece of you'."

Earlier in the trial defence told the jury the woman used the phrase "naughty little policeman" to the accused when he said they were having consensual sex in the police station.

The complainant denied ever using either phrase.

Mr Gardener said nothing happened between them that next morning, but said the woman later told his wife about the affair when the two women were having a coffee.

Mr Gardener said he felt "pretty mad" about that.

Later in 1988, Mr Gardener said he heard the "gossip" around town about the woman's claims she had been raped by an off-duty policeman at the local station.

The former policeman is now on trial facing eight historic charges, including four of sexual violation.

Mr Gardener said he called the police to tell them of his encounter with the complainant and he was "prepared to stand up in court" to defend the officer, whose family he knew.

"I was bitter when I heard about what she'd done to (the accused)," Mr Gardener said.

In cross examination Crown prosecutor Glen Marshall asked Mr Gardener why his evidence in court yesterday differed to his police statement in August 1988.

In his original statement read by Mr Marshall, Mr Gardener said the woman stormed into his house after the affair and told his wife about it.

"That would put the `naughty little boy' to rest wouldn't it?" Mr Marshall asked.

Mr Gardener said the events were over 19 years ago and some details were difficult to remember, but his memory was "pretty clear".

The defence called five witnesses yesterday, but the accused would not be giving evidence.

Lawyers will close their cases today and Judge Michael Lance will sum up the six-day trial.

The jury is expected to retire to decide its verdict by early afternoon.