Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


4. Verdict  July 2005

 




The Dominion Post
July 7 2005

Pack-rape jury 'got it wrong'
by Sophie Neville

A relative of one of the four men found guilty of pack-raping a woman 16 years ago at Mt Maunganui says the jury got it wrong.

The unnamed woman is related to one of two accused men, aged 47 and 53, whose identities remain suppressed by extensive court orders.

The two men were convicted along with Mt Maunganui businessman Peter Mana McNamara, 46, and Tauranga fireman Warren Graham Hales, 40, of abducting and raping a 20-year-old woman in January 1989.

The relative told National Radio yesterday the families had been absolutely stunned by the verdicts and were sticking by the men. "Nothing has changed about who they are and how we feel about them."

The victim, now 37, – who lives in Australia with her husband and three children - lodged a complaint with police in April 2004 while on holiday in New Zealand.

She told the court the men lured her into a hut on the pretext of having a lunch date with one of the unnamed men, but once there she was bound and raped. The men maintained the woman had orchestrated consensual group sex and denied restraining her.

However, the relative said emotion had overtaken the evidence and she described the judge as a conductor of an orchestra. "I don't want to criticise the jury process...but it's dodgy when you get into situations like this."

The families' lives had been thrown into chaos during the trial and they had felt ostracised, she said.

"It's a hideous experience. It has exposed parts of someone's life you would never usually hear about. It's an unreal environment you enter into."

However, the family had also been shown compassion and support from many friends and family, she said.

"My family are devastated. We're a very, very close family. It just takes one of our special people out of our lives for a while."

Victoria University law lecturer Yvette Tinsley said jurors on the trial would have faced a difficult and draining job.

Sexual cases were especially hard for jurors and it was important counselling was offered. "Certainly in sexual offending trials it's very difficult. Some of the material you see and hear can be quite distressing."

Dr Tinsley - who has carried out extensive research on juries - said most jurors were conscientious and aware of the seriousness of the job. While emotion was impossible to ignore, people were usually able to put it to one side when deliberating.

"Juries don't make these decisions lightly. They would not hand down a verdict like that lightly."

When the verdict was delivered in the High Court at Wellington earlier this week, the four men's supporters wept and wailed. Dr Tinsley said the jury would have found that hard to deal with. "I imagine that would have been incredibly stressful and awful. I suppose that they never really know. They can only believe that on the evidence they don't have reasonable doubt."

Women's support groups have said the verdict might encourage other victims of historic rapes and sexual crimes to come forward.