Soldier in jail after jury trial

‘‘That’s flirting to me.’’ Glynn Newton in his video interview

A soldier who claimed he sexually touched a colleague after she flirted with him is in prison, after being found guilty of sexual violation and indecent assault.

Glynn Pukerau Newton stood with his head bowed in the Palmerston North District Court yesterday afternoon after hearing the verdicts, while a supporter of his stormed out of the court.

The jury, which deliberated for more than a day, needed a majority verdict to find him guilty of sexual violation.

But they all agreed he committed indecent assault.

During the trial, the court heard Newton, a gunner, took part in Operation Respect – a New Zealand Defence Force programme aimed at tackling inappropriate and harmful sexual behaviour – soon before committing the crimes.

The offences took place on a night in October 2016, when Newton and his victim were out at Palmerston North bar The Daily.

They had both been drinking before they got there.

The victim said Newton followed her around the bar, at one point asking why she was not going out with him.

They both ended up going to the same house party, where they ended up on the same couch.

She said she hid under a blanket, pretending to be asleep, so she did not have to engage with him.

It was then that Newton moved closer to her before sexually violating her.

She said she initially froze, not sure of what to do.

‘‘I can remember trying to move up a bit. I was trying to make [him] aware I was trying to move away,’’ she said.

She kept hiding under the blanket, texting a friend to get her and order a taxi.

Newton followed, asking if he could share the ride.

The victim said she pretended to sleep in the taxi to avoid talking to Newton.

Security camera footage from the taxi was played to the court, and showed Newton putting his hand into the victim’s lap.

It was at that point he committed the indecent assault, stopping when the victim’s friend turned around and swore at him.

She woke the next morning to find a Facebook friend request and message from Newton, asking: ‘‘Hey, are you OK?’’

The victim said she did not specifically tell Newton to go away, or ask people to get him away from her.

However, Crown prosecutor Michael Blaschke told the jury in his closing address that was not required. ‘‘She didn’t have to. He assumed consent, but an assumption is not a belief.’’

In a video interview with police, Newton said the victim had put her legs on his lap at the party. ‘‘That’s flirting to me.’’

He said any sexual contact between the pair ‘‘seemed consensual to me’’.

He conceded the indecent assault ‘‘probably looks real bad’’, but said he had been talking to the victim beforehand.

‘‘All I can say is I didn’t know she was asleep.’’

When he gave his closing address to the jury, defence lawyer Steve Winter said it had to be an indecent assault if the victim was asleep in the taxi. ‘‘If she was asleep, she cannot consent.’’

Judge Stephanie Edwards gave Newton a warning under the three-strikes law for violent offenders, before keeping him in custody until sentencing in May.