Full range of verdicts follow sexual assault

A jury has returned the full range of verdicts after the trial of a man who a lawyer says took advantage of a woman’s kindness by sexually assaulting her.

Mohammed Abdiwali was found guilty in the Palmerston North District Court yesterday of sexually violating the woman in her kitchen in December 2020 after she got him a glass of water.

It was a majority verdict, with one juror dissenting from the views of the other 11.

The trial heard that the woman and Abdiwali met while she mowed her front lawn that day, with the woman commenting how he looked like her partner.

He returned later and they talked in the garden, during which time he asked for water.

She went inside and got the glass of water, after which Abdiwali sexually violated her.

Abdiwali was, however, found not guilty of a second alleged violation, with all 12 jurors agreeing on the verdict.

The woman told the trial she tried to get him to leave after the first violation, saying family members and a friend were going to arrive at her home. He, however, stuck around and doubted her.

She managed to get him to leave after she sent a friend a text message asking for them to get there quickly.

She said Abdiwali then violated her again before leaving.

He was also charged with indecently assaulting the woman by kissing her neck and ear just before the first violation.

The jury was hung on that charge, unable to reach even a majority verdict.

Abdiwali, who gave evidence and spoke to police immediately after the incident, said he and the woman had a consensual encounter which involved them performing sexual acts on each other.

He also asked a doctor to take various swabs, as they would back up his account, but they were not taken.

Crown prosecutor Guy Carter, when opening his case on Monday, described the case as one where the woman’s ‘‘friendliness cost her’’.

‘‘Being friendly and welcoming to someone, showing Kiwi hospitality, is not an invitation to someone to perform sexual acts on you.’’

Judge Jonathan Krebs thanked the jury for their service, noting the amount of time they spent debating the charges – they retired at 12.45pm on Thursday and returned verdicts at 1.30pm yesterday – showed they took the job seriously.

Abdiwali is in custody until a hearing in June about the future of the indecent assault charge and will be sentenced in July for the violation.