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Allegations
of Sexual Abuse |
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Wellington: Jurors considering
the fate of four men charged with pack raping a woman in Mt Maunganui 16
years ago have been told to avoid making a moral judgement. The men say the woman
was a willing partner in a group-sex session. Justice Ron Young has
told the jury in the High Court at Wellington that they are not in a court of
morals. The jury retired to
consider its verdicts at noon yesterday and later adjourned for the night. Four men, aged 40, 46,
47 and 53, are charged with abduction and rape. One of them faces an extra
rape charge, and he and another of the accused face two extra charges of
sexual violation by unlawful sexual connection. The men have pleaded not
guilty. Key details in the
trial have been suppressed. The woman, now aged 37,
said that in January 1989 she was lured to a beach hut on the pretext of
having lunch with one of the men, and was raped there. The men say she sought
sex and was a willing partner. Summing up the case to
the jury, Justice Young said credibility and the reliability of witnesses
were at the heart of the case. If jurors believed, or
thought reasonably possible, the men’s evidence in court and statements the
men gave police earlier, then the accused should be acquitted. If not, they had to go back
to the woman’s evidence and decide if they believed it, and whether it proved
the legal ingredients of the charges. Just because the events
happened 16 years ago was no reason not to give it the same consideration as
if it happened yesterday, Justice Young said. Rachael Adams, the
lawyer for the youngest accused, said the woman had lied to the jury. She
said the evidence of the woman and the accused could not be reconciled. The
differences could not be the result of a misunderstanding. The woman relished and
needed centre stage, and, in giving evidence, she achieved celebrity status,
Ms Adams said. She showed none of the
genuine distress that would be expected of a rape victim reliving the trauma.
In contrast, the
accused showed no sophistication or pretence giving evidence, Ms Adams said. She listed 16 points
that she said should lead the jury to disbelieve the woman. The other lawyers gave
their final addresses last week. |
