Decision reserved for man accused of sex crimes
A Horowhenua man defending allegations he performed a sex act on a young girl will have to wait to find out whether he is guilty or not.
The 75-year-old, who has name suppression, is facing charges of unlawful sexual connection and indecent assault against a child more than 35 years ago.
On the third day of his judge-alone trial in the Palmerston North District Court, defence lawyer Steve Winter said his instructions were that the court would not hear from any witnesses or the accused. He had no further case to advance. Judge Bruce Northwood said that meant he could not deliver a verdict and remanded the man in custody until March 26.
“There are a lot of issues to work through.”
The trial began on Monday afternoon with the alleged victim, whose name is suppressed, giving evidence.
The judge closed the court for that first session, and asked all members of the public, including media, to leave.
On Tuesday when it resumed media were allowed back in and Crown witnesses began their evidence.
The first was the sister of the alleged victim.
She said their family went on regular camping trips with other families including the accused, his wife and their child.
She said the holidays were to coastal areas and involved fishing, swimming and barbecues.
Her sister told her in 2022 it was on one of those trips the alleged indecent behaviour occurred.
Her revelation was prompted after she returned from overseas and saw the man at her father’s home.
The woman said she had her own uncomfortable encounter with the man as a teen.
He made inappropriate comments about her breasts and tried to touch them, and when her mother confronted him it was “brushed off as a misunderstanding”, she said.
But under cross examination, Winter asked her if she exaggerated the events and suggested it was a misunderstanding.
He put it to her she was still angry about that incident and wanted to get justice for her sister.
In a police interview, Detective Grant Christian put the allegations to the accused.
He said the victim made a complaint about abuse that occurred in the late 1980s at a North Island campsite.
She reported being told to change out of her togs in the man’s caravan and laid down on a bed.
She said the man kissed her neck before performing oral sex.
He then asked if she liked it and pulled out his penis.
Christian said the next thing the woman remembered was a bird, which travelled with the man, squawking outside.
He was supposed to be looking after it when it was attacked by a cat.
But the man did not recall that incident and said nothing happened in the caravan.
He described the accusations as “sick” and “yuck” and said he “could guarantee” he had not abused the child.
“I haven’t touched no girl in my life.” He told the detective if he saw the victim face to face, he would tell her “she’s a f ...... liar”.
His step-daughter testified and said she was also abused by the man.
She had not made a complaint to police and had worked hard to block the past from her mind.
They no longer had any sort of relationship and she had not kept in touch with her mother.
She did not believe her daughter’s claims. The man denied harming his step-daughter, and said: “If I was going to [abuse anyone] I would’ve done her, wouldn’t I?”
She said she went on some family holidays and had known the victim since she was born.
They spoke in 2022 and she had encouraged her to contact police.
Winter asked what her motivations were for taking part in the trial and whether she was doing it to “get back” at her step-father.
He asked if she made a “gross exaggeration” about what she experienced to support the victim.
Growing up she’d stayed with her grandparents a lot because it “was the one the place she was shown a bit of love”.
But she said she was not doing anything out of revenge and had no desire to get back at her parents.
“I wouldn’t say anything that wasn’t the truth.”
Video interviews by the victim’s father and other family friends were also played to the court.
They confirmed the family holidays away, but said the man had always been a good friend.
They were unaware of the allegations until approached by police.
The Crown also submitted evidence of the man’s past convictions, which the judge would take into account when determining his verdict.
This would be delivered at the man’s next appearance.
The 75-year-old, who has name suppression, is facing charges of unlawful sexual connection and indecent assault against a child more than 35 years ago.
Sexual violence: where to get help Rape Crisis 0800 88 33 00.
Victim Support 0800 842 846. Safetalk text 4334, phone 0800 044 334 webchat safetotalk.nz or email support@ safetotalk.nz.
The Harbour Online support and information for people affected by sexual abuse.
Women’s Refuge 0800 733 843
Male Survivors Aotearoa Helplines across NZ.
If you or someone else is in immediate danger, call 111.