Affair talk dismissed as ‘a joke’

"It is natural for you to believe her in matters like this." Defence lawyer to alleged victim's husband

A man recalls a ‘‘tense atmosphere’’ when he returned home after his wife was allegedly raped in their bedroom.

But he laughed when it was suggested the sexual contact could have been consensual.

Peter James Ross, 38, is on trial in the Palmerston North District Court, charged with raping a woman in Feilding in June 2016.

The Crown says Ross was at the woman’s home, left when the woman’s husband went to sober drive someone home, and then returned and raped her.

The woman, who cannot be named, has told the trial Ross sobbed after raping her, before passing out on her bed.

Ross accepts there was sexual contact – his semen was found on a nightgown – and his lawyer says consent is the issue.

The woman’s husband gave evidence yesterday, saying he and Ross were having issues leading up to the night of the alleged rape.

‘‘Our previous meeting hadn’t gone too well.’’

Ross and an associate arrived uninvited at the house, where the husband was socialising with two friends while his wife and children were in bed.

‘‘I asked him to leave and he just laughed it off, as if I was joking.’’

However, Ross appeared to leave when the husband went to sober drive another friend across town.

That was why the husband was surprised to return home to find Ross’ car nearby, he said.

He entered the house to find Ross’ associate and a dog sleeping on the couch, Ross asleep in the bedroom, and his wife and a friend talking in the kitchen.

‘‘There was a very tense atmosphere in the house, a heavy atmosphere.’’

His wife appeared unsettled and distressed, he said.

‘‘She was clearly upset. There was an expression of shock on her face as if someone had just been assaulted.’’

He decided against waking Ross and the associate up and kicking them out, instead staying up all night to watch the pair until they woke and left.

‘‘If they were intoxicated I didn’t want to kick them out and risk them driving around.’’

Ross left quickly, saying only: ‘‘I’ve got to go,’’ the husband said.

His wife told him what went on a day or two later.

‘‘I was shocked and upset about what my wife told me and what she went through and experienced. I texted PJ [Ross] and asked him what he had done to my wife. I haven’t seen him in person since.’’

Defence lawyer Paul Knowsley spent some time asking the husband about how he felt about his wife and Ross’ relationship.

‘‘It is natural for you to believe her in matters like this.’’

The husband said he had never seen his wife flirt with Ross.

‘‘He may have tried [with her], not that I noticed it. I would just laugh it off.’’

He laughed when Knowsley suggested Ross and his wife had an affair.

‘‘Sorry, are you asking me a serious question, or are you trying to wind me up here?’’

The husband also denied there were issues about his wife suspecting him of messing around with other women.

The trial, before Judge Stephanie Edwards and a jury, continues.