Tauranga's Crown solicitor Greg Hollister-Jones has hit back at accusations his office failed a rape complainant and allowed a violent offender to attack again.
Last month Neihana Rangitonga, 36, abducted and threatened to kill a 21-year-old woman he picked up from a fast-food drive-through and tried to force into sex. The woman opened the door and fought him off before falling on to the road. Rangitonga's car ran over her leg as he drove off.
Last week in the Tauranga District Court Rangitonga admitted charges of abducting a woman for sexual purposes and threatening to kill, and will be sentenced on June 23.
In 2012 Rangitonga faced a charge of rape and in 2010 allegedly throttled a woman until she passed out in a random attack in downtown Tauranga. But in the 2012 case the prosecutor opted to try him on the rape charge only, withdrawing a charge of wounding with intent to cause grievous bodily harm, leaving a jury to focus on the rape charge.
Rangitonga was acquitted of rape and, despite pleas from the alleged victim and police, the violence charge was not relaid.
The alleged Tauranga victim, who gave evidence against Rangitonga, told the Herald on Sunday and TV One she was heartbroken to see another woman had been attacked. "He's done it again. She's just lucky she got away, she's so lucky to be alive."
She said she felt let down by prosecutors and was considering a private prosecution.
In a leaked internal police memo, the officer in charge, Detective Sergeant Darryl Brazier criticised the Crown prosecutor for the decision to withdraw the wounding charge. "I believe it was clearly a wrong decision by the Crown ... This has resulted in a violent [offender] walking free from the court," he said.
Weeks after the trial Rangitonga was convicted of assault with a weapon.
Mr Hollister-Jones said any suggestion the Crown prosecutor had run a watered-down case was wrong, and the jury heard all the prosecution evidence available. "This was a very carefully considered decision as to how the Crown should present a very serious rape charge to the jury and the violence which immediately preceded the alleged rape.
"All the evidence including specialist medical evidence was presented by people highly skilled in jury advocacy and they prosecuted the case to the best of their ability ... but the jury decided no rape had taken place," he said. Mr Hollister-Jones said he was disappointed with the criticism. "We perform an important public function and victims of crime must have confidence in us, and jury advocacy is not readily understood by a lot of people," he said. He also rejected an assertion that Crown solicitors were under pressure to accept plea bargains after budgets were slashed.
Detective Inspector Tim Anderson said: "A thorough investigation was carried out and a strong case, including all of the facts relating to both the alleged assault and the rape, were put before the jury. Decisions as to which indictments are to be laid are made by the Crown after careful consideration of the admissible evidence."
Labour justice spokesman Andrew Little said pressure on Crown Solicitors needed to be addressed.