Allegations of Sexual Abuse in NZ

False Allegations - Index

Cases - 2005




Otago Daily Times
March 5 2005

New trial ordered in under-age sex case

Jury gives up after six hours
Court Reporter

A man accused of having sex with a 14-year-old girl is to face a new trial after a jury in the Dunedin District Court could not reach a verdict.

The jury hearing the trial of 28-year-old Stephen Joseph Walker on two charges of unlawful sexual intercourse retired to consider the charges at 10.30am yesterday.

They returned to court to have some evidence read back but at 3.30pm told Judge Gary MacAskill they were unable to agree.

The judge said it was important they try to decide the matter and sent them back to the jury room to continue deliberating. The jurors returned with a question about 20 minutes later, before informing the judge at 4.30pm they were unable to reach a decision.

Judge MacAskill discharged the jurors and ordered a new trial for Walker, who was remanded in custody until next Friday for the setting of a new hearing date.

Walker denied having sexual intercourse with the 14-year-old complainant at Rakaia on or about July 10 last year, and in Dunedin on more than one occasion, between July 11 and the end of August.

Although the complainant said in evidence her statement to the police was not true, and although another young woman told the court she had lied under oath at depositions, Crown counsel Robin Bates said there was sufficient indirect (circumstantial) evidence for the jury to find the charges proved.

There was also the evidence of a male friend of the girl who said Walker had told him he and the girl had had sex, Mr Bates said.

But defence counsel Anne Stevens argued the girl had liked Walker and wanted a sexual relationship with him, but that he rejected her because of her age and she then made a complaint to the police.

And she cautioned the jury about convicting Walker on the evidence of the two girls who, she said, were liars, with one admitting she had lied under oath.