I did not rape her: accused

Teen describes complainant waking him, sobbing

A TEENAGER has described the moment a girl woke him up saying a man had just attempted to rape her.

The witness — a male relative of the defendant — told the Dunedin District Court yesterday the complainant came into the bedroom early on September 5, 2015, ‘‘sobbing’’.

‘‘She was saying David just tried to, you know . . . David tried to rape me,’’ he said.

Dunedin truck driver David Alan Hill (44) is on trial accused of the rape and indecent assault of the girl, who was 16 at the time.

He followed her into the bedroom and quickly disputed the allegations the teen had made.

The witness, who gave evidence yesterday, said Hill contended it had actually been the complainant who tried to initiate the intimate liaison.

He seemed ‘‘very confused’’ by the claims, the teen said.

The complainant told the jury on Monday the group had drunk bourbon and she had fallen asleep on the couch.

She said she woke up to find all her clothes had been removed, she had been turned around and she was being violated.

It is the defence case that the complainant pinned Hill to the floor and removed her clothes while demanding intercourse.

When he finally agreed to sex, her demeanour changed, counsel Anne Stevens said.

While the teens barricaded themselves inside a bedroom using a dresser, Hill slept on the couch.

But the furniture was moved during the night for one of them to use the toilet and the defendant was in the bed in the morning.

It is alleged the complainant woke to him ‘‘grinding’’ against her behind.

When Hill’s relative got up, he said he only heard the man talking to the two girls about trucking.

The girl who had accused him of the sex attack did not ask to leave the house or ask to use a phone to contact anyone, the witness confirmed during crossexamination.

They all had breakfast together before Hill dropped them off in town.

The complainant approached police with the allegations six months later, the court heard.

In April, Hill was interviewed by Detective Dave Checketts and was adamant he had done nothing illegal.

The video of their discussion was played for the jury yesterday.

‘‘I can tell you now, I’m not a rapist. It’s just not in me. I’m not the type of person to do that to anybody,’’ Hill said.

‘‘I don’t actually remember a lot of the night. I was pretty buggered and those drinks were pretty strong.’’

Det Checketts asked him whether there was any possibility he had sex with the 16yearold girl.

‘‘No, I don’t think so. I don’t recall doing that,’’ Hill said.

‘‘As far as her saying I raped her, I did not rape her. It’s just not what I do.’’

Crown prosecutor Richard Smith said a week after the interview, the defendant went back to police and asked to elaborate on his statement.

The video of that meeting will be played for the jury today.

The trial before Judge Michael Crosbie and a jury of seven women and four men continues.

A male juror was dismissed by the judge on Monday after he fell asleep at least twice during the complainant’s evidence.