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The
Christchurch Civic Crèche Case |
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A Christchurch man
convicted of repeatedly raping two young girls while on home detention says
his trial lawyer did not follow his instructions. Kevin Moarna Jarden,
58, had wanted his lawyer to confront the girls and say that they had made up
the claims, his new lawyer, Simon Shamy, told the Court of Appeal at
Wellington yesterday. Even if the girls had denied it, their demeanour might
have given them away, Mr Shamy said. But presiding judge
Justice Glazebrook said studies had shown that demeanour was not a reliable
guide to who was telling the truth. Justice Gendall said his experience bore
that out. "I have had six children and I could never tell when they were
lying to me or not." Justice Randerson said
the order in which the complaints were made against Jarden worked against his
fabrication theory being true. The jury would have laughed if the defence had
been put in the way Jarden wanted, the judge said. Jarden is serving the
open-ended jail term of preventive detention on 14 charges, including rape
and sodomy, involving two girls when they were aged between four and eight
years. He must serve at least eight years before being considered for parole.
Mr Shamy said Jarden's
other grounds for complaint included that the trial jury should not have been
given transcripts of the girls' videotaped interviews without also receiving
a transcript of their cross-examination. Justice Randerson said he did not
think the evidence, for which a transcript was provided, was compelling. For the Crown, Brent
Stanaway said no miscarriage of justice resulted from any of Jarden's appeal
points. The theme of the defence case was appropriately put to the jury.
Jarden's trial lawyer wanted the jury to have transcripts of the girls'
evidence because he thought it showed inconsistency in their stories. The court reserved its
decision. |
