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Allegations
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The Marlborough Express A Blenheim man who was jailed for nine years after he was accused of raping, strangling and punching his former partner has had his conviction overturned. The man, whose has permanent name suppression, was jailed in August 2006. He was released in February this year pending a re-trial after appealing his conviction. The appeal was on the basis that an error was made by the defendant's lawyer during the first trial. Yesterday a jury of six men and five women found the accused not guilty of rape and indecent assault after a trial of three and a half days. He was found guilty only on one count of assault in relation to a tussle over a cellphone and was convicted and discharged as he had already served time in prison. The man was represented by Blenheim lawyers Rob Harrison and Philip Watson, who did not represent him at the original trial. At this week's trial Crown prosecutor Janine Bonifant alleged the accused indecently assaulted his former partner by thrusting something between her legs and strangling her as she lay in bed one night. On another night the accused came into the woman's bedroom and when she woke up he was having sex with her, Miss Bonifant said. When the woman refused he punched her in the face several times. Appearing as a witness, the woman said the accused was still having sex with her while he punched her and accused her of sleeping with other men. When she reached for a cellphone to call police, he grabbed it and threw it against a wall, smashing it, she said. Mr Harrison said the complainant had a protection order against the man after previous problems but he had moved into her flat a short time before the alleged rape. The alleged indecent assault simply did not happen and the sexual intercourse on the night of the rape was consensual, Mr Harrison said. The accused told the court the woman was not asleep when he entered her room on the night in question and he usually slept in the woman's bed unless there had been an argument. Mr Harrison said the pair had an argument over a sex toy and then they struggled over a cellphone, which he said his client admitted was assault and for which he was found guilty. |
