"THE DOMINION"

Wellington, NZ.

FRIDAY, 30 JUNE 2000

Man falsely accused of rape wins damages

A man falsely accused of assaulting a woman with intent to rape her will be awarded damages against his accuser, Judge David Ongley said in Wellington District Court on Thursday. But lawyer Bruce Davidson, who presented the man's $100,000 damages claim against Debra Helen Wood, said any award was likely to be meaningless because Wood had no money.

Outside the court, the 32-year-old man, whose name is suppressed, said he had unsuccessfully sought compensation for seven months off work from Justice Minister Phil Goff and from Sir Douglas Graham when he was minister of justice.

Judge Ongley suggested that the man might apply to the criminal justice assistance reimbursement scheme for compensation.

A Courts Department official said that scheme was set up for losses potential witnesses suffered from people who tried to intimidate them.

The man falsely accused had not originally been a potential witness, though he had become one when Wood was charged with perjury.

She pleaded guilty and got a two-year jail sentence, so the man was not required to give evidence against her.

The official said there was no law setting out to whom payments could be made, and Courts Department head Wilson Bailey could use his discretion on the recommendation of reimbursement commissioner Judge John Gatley.

The official said Mr Goff had a discretion to make a payment as well.

Judge Ongley said today he would decide later on how much the damages award would be.

Accepting that the man had suffered a grievous harm, the judge told the man that an award of damages would be a vindication, though he was unlikely to get any money from Wood.

He said he hoped the man and his family could put the incident behind them, regain their future and prosper.

Mr Davidson said Wood had seen the man in the car park of a polytechnic where he was studying part time and had noted the number of his car.

Motivated by a need for attention, she had scratched herself severely on August 14, 1997, and complained to polytech staff and police that a male fitting the man's description had sexually assaulted her. She gave his car number to back her story.

After police arrested him, the man spent 14 days in jail and seven months on such restricted bail conditions that he could not work.

He had faced a jury trial, and the fact that Wood was lying had emerged only after she had given evidence on oath against him, Mr Davidson said.

He said he now avoided women and took his wife with him when he went out because he feared being falsely accused again.

Word of the accusations had spread round his community but many people did not realise he had been completely exonerated.

He had looked to the authorities for compensation but had got none.