Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


5. Sentencing  Aug 2005

 




NZ Herald
August 5 2005  11:50am

Men jailed for Mount Maunganui pack rape
NZPA

Four men convicted last month of a pack rape at Mt Mauganui 16 years ago have been jailed for between 5-1/2 and 8-1/2 years.

Peter Mana McNamara, 46, a Mt Maunganui businessman, Tauranga fireman Warren Graham Hales, 40, and two men aged 47 and 53, whose names are suppressed, were found guilty of unlawfully detaining and raping a 20-year-old woman.

The two unnamed men were also found guilty of unlawful sexual violation and one of them was convicted of a second rape charge. Both men were acquitted of sexually violating the woman with an object.

The woman, now 37 -- who lives 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 that the men lured her into a hut on the pretext of a lunch date with one of the unnamed men in January 1989. Once there she was bound, raped, forced to perform oral sex and brutally violated.

In the High Court at Wellington today Justice Ronald Young said sentencing had to be determined on maximum penalties in place at the time of the offence.

"Maximum penalties were for serious gang rapes, a category which this case falls into," he said.

Judge Young said aggravating features were that the rape was premeditated and the victim was restrained.

The victim today read an emotional victim impact statement to the court. She broke down as she described how the pack rape had affected her life.

"As a result of what I experienced that day I went from being a self-assured, confident woman, liked and respected by many people with a promising career... to being a shell of my former self, fearful of retribution, anxious, unable to carry on my work and unable to look after myself."

The woman said she went on to have a series of abusive relationships and became emotionally stunted.

"I even wondered on the day of my marriage whether it would be strong enough to survive the emotional injuries I received 16 years ago."

The men's partners read statements to the court in support of their husbands "and soulmates".

McNamara was sentenced to seven years for rape and three years for unlawful detention, to be served concurrently.

Hales was sentenced to 5-1/2 years for rape and three years for unlawful detention, also to be served concurrently.

The unnamed 53-year-old was sentenced to eight years for rape, four years for unlawful sexual connection and three years for unlawful detention.

The 47-year-old was sentenced to 8-1/2 years for two counts of rape, three years for unlawful sexual connection and three years for unlawful detention.

Those sentences are also to be served concurrently.

During their trial the men maintained the woman had orchestrated consensual group sex and denied restraining her.