Witness describes being shocked by rape allegation

Peter Chambers (left) and Mark Arona are on trial accused of raping and sexualy assaulting an intoxicated woman in a local motel room. Photo/File

A witness socialising with two men accused of raping and sexually assaulting a drunk woman in Tauranga motel room told a court he was shocked to learn of the allegation.

Mark Arona, 40, and Peter John Chambers, 42, have both denied one charge each of sexual violation by rape and sexual violation by unlawful sexual connection.

The pair, who are on trial in the Tauranga District Court, claim they had a threesome with the woman and it was consensual.

The complainant says she was too drunk and blacked out after taking a puff from a cannabis joint.

Her next memory was waking up naked face down on a bed, with one of the accused having intercourse with her.

On day four of the trial yesterday, the jury heard from two witnesses.

One of the witnesses said he had been with the two accused and others the night of the alleged incident.

"I was sober because I do not drink or consume drugs," he said.

The witness said the complainant and her female friend spent a lot of the night talking to Arona, and they were laughing and joking together.

When the two accused and others arrived back at their motel rooms, they had something to eat and mixed and mingled in the early hours of the morning.

The complainant and her friend were "happy and talkative" and not slurring their words.

"They weren't super-drunk or anything," the witness said.

"The next time I came out of my room, I could see Mark and Peter's room was all shut up, with the curtains closed," he said.

About 15 or 20 minutes later when the room was open again but the lights were off he went inside to talk to the accused after hearing talk about sexual acts inside the room.

The witness said Arona and Chambers were not wearing trousers and a woman was lying on the bed covered by a sheet.

"They were laughing and joking, and talking about what had happened, and sharing banter like it was normal," he said.

The witness said as he talked to the accused about what he understood was a threesome, the woman did not react during the discussion with the accused apart from rolling over to her other side.

"I could not tell whether she was awake or asleep but her eyes were closed," he said.

The witness said he did not think either defendant was "super, super, smashed".

The next morning there was more talk about the pair having had sex "with the lady".

Under cross-examination from Arona's lawyer, Rebekah Webby, the witness said the woman and her friend had been "very friendly and flirty" with Arona earlier in the evening.

He was shocked when he learned about her claim the sex was non-consensual.

Under cross-examination by Chambers' lawyer, Moana Dorset, the same witness said when he saw Arona and Chambers' room closed up, he assumed both women were in the room with them.

The second witness told the court that on a scale of one to 10, one being sober and 10 being wasted, he rated the complainant as being a five or six out of 10.

But he admitted he was drunk and his recall of events that night were hazy.

The trial before Judge David Cameron continues today.