Naval officer wins day in court

Attempts to send rape case to UK raise suspicions Defence Force wanted victim to just ‘go away’, writes Tommy Livingston.

A former naval officer taking a precedentsetting legal challenge after she was raped while serving overseas says she is ‘‘sickened’’ at Defence Force attempts to block the case.

The woman won a major legal victory this week in her bid to hold the New Zealand Government to account after she was allegedly raped by a British officer while on a UK deployment in 2009.

The attack took place after months of sexual harassment and abuse by male colleagues, who staked buckets of KFC chicken on which female officers could be sexually ‘‘conquered’’.

She has been fighting to take the New Zealand and British governments to court in New Zealand for not providing her with a safe working environment.

The New Zealand Attorney-General and the British Defence Ministry wanted her case heard in Britain where the alleged rape took place – but she couldn’t afford to pursue the case in the UK.

In a decision released last week, Justice Simon France threw out the Attorney-General’s argument, ruling the woman’s case can be heard in New Zealand.

However, he ruled the allegations levelled at the British Government could not be dealt with in this country.

The woman said that although she had won, the victory felt ‘‘disappointing’’ due to the actions of the New Zealand and British governments.

‘‘It worries me they could be so petty as to put me through the unnecessary burden of a protest to jurisdiction, and seemingly waste taxpayers’ money with all their lawyers,’’ she said.

If the case was not heard in New Zealand she would have had to drop it.

‘‘I have an overwhelming sense of disappointment our Government would even try to undermine my complaint, and try to send me to the other side of the world to raise a complaint about failings within the New Zealand Navy’s systems.

‘‘If they are just playing a legal game to make me go away and my complaints go unheard, then that is equally sickening and worrying for other victims.’’

The woman’s lawyer, Jol Bates, said it was a massive win for his client, and all civil servants working abroad.

‘‘New Zealand Defence Force’s obnoxious position that it did not owe any legal duty of care to take reasonable steps to provide the woman with a safe place of work will now go to trial,’’ he said.

‘‘Their efforts to stymie her case and ensure her allegations never see the light of day have failed, and have been a total waste of taxpayers’ money.’’

The attempts to push the case overseas sent a dangerous message to other victims of sexual abuse, Bates said.

The Defence Force declined to comment as the matter is before the courts.

A date for the the next court appearance is yet to be set.

It worries me they could be so petty as to put me through the unnecessary burden of a protest to jurisdiction. Former naval officer