Allegations of Sexual Abuse in NZ

False Allegations - Index

Cases - 2006




The Dominion Post
April 6 2006

Deaf woman ruled incompetent in trial

A District Court trial for the father and uncle of a deaf woman who alleged years of abuse is over after she was found incompetent to give evidence.

The woman, who the Crown claimed had not been able to disclose years of abuse till she learnt sign language aged in her 20s, had been under cross-examination by defence lawyers yesterday when the question of her competency arose.

Her father had been charged with seven counts of indecent assault, while her uncle was charged with rape, committing an indecent act and indecent assault.

Both have permanent name suppression.

Yesterday, Wellington District Court judge Bruce Davidson said he had made the decision that the woman, who was significantly mentally impaired, was incompetent.

He said that, during questioning, it became clear that the woman struggled with concepts such as truth, lies and promises and did not understand the roles of judge, lawyer or jury and seemed unaware of who and why they were in a court.

He discharged all the counts against the uncle and all but one against the father, who was remanded on bail till April 11.