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Allegations of Sexual
Abuse |
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The judge's summation
in the Mount Maunganui pack rape trial is in the spotlight again as the
appeal of the four men convicted of the 1989 attack continues. The hearing is into its
second day at the Court of Appeal in Wellington. During last year's
trial one witness testified the victim was quiet and withdrawn after the
incident. The defence argued the
witness did not see the woman until up to 16 days after the rape, during
which time she had been away with her then-partner. That relationship ended
soon afterwards, and lawyers believe the judge should have made clear that
could be a reason for her personality change. They have also
suggested her behaviour could have been because of shame or regret, if
accounts of consensual sex were to be believed. However, the Crown is
challenging the claims of fresh evidence. Defence lawyers say
that the partner of one of the men has uncovered fresh evidence - but those
claims are being questioned by Crown Prosecutor Brent Stanaway. He has told the Court
of Appeal in Wellington the evidence appears to come from a post-conviction
reassessment, and assistance being sought from friends and associates. Mr Stanaway is also
contesting its freshness. He says the evidence was always there, but not
corroborated until after the trial. |
