|
|
Allegations of Sexual
Abuse in NZ |
|
A man who has spent nearly two
years in jail after being convicted of sexually assaulting a child has had
the conviction quashed after the complainant retracted her claims. The girl, now 8, had claimed her
mother's partner committed indecencies on her when she was 5 or 6. The man stood trial in the High
Court at Auckland and was found guilty of one charge each of indecent assault
and inducing an indecent act and two charges of unlawful sexual connection. He was sentenced to four years'
jail in July 2004. He immediately appealed on the
grounds that the evidence did not support the verdicts and that the judge was
wrong to let the jury hear evidence of his previous convictions. Before the appeal was heard the
man's lawyer said another ground, that the child had recanted the evidence
she gave at trial, was to be raised. A senior Queen's counsel, Ailsa
Duffy, interviewed the girl and in a report to the Court of Appeal said she
did not know when the girl had told the truth. "Her retraction is capable of
belief; but so is her original complaint," Ms Duffy said. The girl's original evidence --
given at two trials because the first jury could not agree on all the charges
-- had flowed, was cogent and detailed enough to give the impression that the
indecencies had happened. Events since the trial might have
made the girl think her mother was going to reject her, so she tried to undo
what she had brought about, Ms Duffy said. After receiving the report, the
Court of Appeal freed the man on bail last month pending the appeal hearing. When the appeal was heard in Auckland
last week the Crown did not oppose its being granted. The court said there was now a
question mark over the girl's evidence. Without her evidence the convictions
could not be sustained. The Crown did not seek a new
trial. |
