Allegations
of Sexual Abuse in NZ |
|
A man who
spent seven months in jail for rape has walked free, after the Court of
Appeal overturned the conviction. Kevin
Patrick Leahy was jailed for five years after being convicted by a
Christchurch District Court jury in February. The Court
of Appeal overturned the conviction in August but suppressed its decision
pending another trial, the Christchurch Court News website reported. But the
Crown has now decided not to proceed, saying it did not want to put the
alleged victim through another trial. Leahy was
given a Section 347 discharge and walked free on Friday. Defence
counsel Mark Callaghan said 48-year-old Leahy had now returned to his family
and to driving work in the building industry. His family
had supported him all through the trial process and the jail term. Trial
judge David Saunders expressed his own "considerable unease" over
the verdict at the end of the trial. "The
jury rejected what you said, but while I found this surprising I must respect
their verdict," he told Leahy at the sentencing on February 14. "Despite
any considerable unease I have as a trial judge, I am bound to go with the
jury and sentence today." The woman
had told the court she had blacked out after drinking beer and whisky, and
although she had been still functioning she had no memory of the episode. She had
consumed the drinks voluntarily - Leahy had not plied her with alcohol. Judge
Saunders said: "She was still functioning even though she can't
remember. He thought he had the green light, but it could have been an orange
light - or even a red one." A
five-year jail term was imposed at the sentencing. Leahy was released from
prison after the Court of Appeal's judgment in August. |