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Allegations of Sexual
Abuse |
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Name
suppression has been lifted for two men who appealed against their conviction
for raping a woman at Mt Maunganui in 1989. However, the Court of
Appeal's reasons for ending the suppression of the names of Warren Graham
Hales and Peter Mana McNamara yesterday cannot be published. Hales, a Tauranga
firefighter and avocado grower, faces a retrial on charges of abduction and
rape after successfully appealing against his convictions. In the High Court at Hales has been freed on
bail in the meantime. McNamara, a Mt
Maunganui businessman, has asked the Supreme Court to hear his case, after
the Court of Appeal dismissed his appeal against his convictions. The Supreme Court has
yet to decide whether it will accept the case and no date has been set for a
hearing. McNamara's appeal
centres on the fairness of comments the prosecutor made in his final address
to the jury. The defence said his
remarks were effectively a comment on the character of the female complainant
-- a topic that defence lawyers were not allowed to explore because of
"rape shield" rules that mean the defence cannot attack the
character of complainants. The names of two other
men who stood trial with Hales and McNamara remain suppressed. Their appeals against
conviction were dismissed. |
