Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


3. Trial Week 2  June 2005

 




The Dominion Post
June 30 2005

Police force viewing of 'rape' hut

Police have "parked" a hut that was allegedly the scene of a pack rape outside a Wellington court and forced the hand of the judge who had yet to decide if jurors should see it.

In the High Court yesterday, Justice Ron Young told jurors it had been done without his permission.

He had made his view clear about the inappropriateness of that, he said.

Some jurors saw the hut over the lunch break when it had been placed in a street beside the court.

Justice Young said the police action forced his hand, as he had to make sure all jurors saw the same thing.

He said the jury would see the hut to get a feel for its dimensions and what it looked like now, but there was no real evidence about differences between its current state and how it was in January 1989 when the alleged incident happened.

Since the trial began on June 20 jurors had photographs of the hut which once stood at Mt Maunganui, but the judge had yet to decide if they would see the actual building which had been brought to Wellington.

Four men aged 40, 46, 47, and 53, are charged with detaining a woman without her consent with intent to have sex with her, and raping her.

Two of the men face two extra charges of sexual violation by unlawful sexual connection and one of them faces an extra charge of rape.

They have pleaded not guilty. Key details about the case have been suppressed, including the men's names.

The woman, now 37, said she thought she shared a mutual attraction for one of the men and asked a go-between to arrange a lunch date. Instead she was taken to the hut where five men raped her and other indecencies took place, including being violated with an object.

The men agree sex took place but say it was consensual.

In evidence yesterday one of the accused confirmed he and the woman were attracted to each other. He said he was flattered when another man told him she "had the hots" for him.

A few days later the same man said the woman wanted to have sex with him and at least one other man at the hut.

He went along with a friend and each had sex with her. The witness said the woman gave him oral sex while his friend had intercourse with her.

One man had been with her when they arrived, and another was arriving as they left, he said.

He said she rang him the following week and they met and had sex again.

He said she lied about her hands being bound, not consenting to the sex acts, and an object being used.

"(The woman) was a very, very passionate and a very, very forward lady. If she was not happy she would have let you know, no matter what the circumstances," the man said.