By Tracey Chatterton
Sympathy for a teenage girl who was beaten and sexually violated with bottles can not influence the jury's decision when deciding guilt, a judge says.
A jury has heard how a 17-year-old teenager, was stripped naked, pinned to the ground and was punched and kicked in the head
by two other young women at a Hastings party last year.
During the four-hour-long assault, she had water thrown on her, was spat on, had her hair cut and was so traumatised by the sexual assault she defecated.
Hannah Sims, 21, who was renting the flat at the time, has pleaded guilty to nine charges, two charges of indecent assault, sexual violation and assault with a weapon as well as a charge of injuring with intent to injure, threatening to kill and unlawfully detaining a person.
Her co-accused Nakita Roper, 17, Vaughan Olsen, 21 and Joshua Kerr, 20, have been defending charges in a week-long trial in the Napier District Court.
All three have pleaded not guilty to the most serious charges of sexual violation with bottles x2.
They have pleaded guilty to some lesser charges.
In summing up the case today, Judge Geoff Rea asked the jury to be "careful and impartial" when considering the charges.
"This case drips in prejudice," but Judge Rea said the jurors could not let their emotions affect their decision. Any sympathy for the victim, or disapproval for the co-accused's behaviour needed to be put aside.
He told the jury they had to be meticulous and make a decision on a "charge by charge" basis for each of the co-accused.
Sims admission of guilt along with the co-accused's guilty pleas to some charges also had to be disregarded. It did not indicate guilt or innocence on the other charges, the judge said.
All three denied being party to the sexual violation with the bottles. To be "party" to a crime the crown needs to prove, the co-accused were there, they knew it was going to happen and they were encouraging Sims by their presence, their words or actions.
The co-accused claim they were not there at that time although the victim gave evidence that she heard them all nearby. Judge Rea warned the jury to be careful with mistaken identity as it could lead to serious miscarriages of justice. People could make "genuine mistakes" when it came to identifying people, Judge Rea said.
There was "plenty of booze" and intoxication the night the victim was assaulted but the defendants could not excuse criminal behaviour by saying "if I was sober, I wouldn't have done it," the judge said.
The jury retired to deliberate just before midday.
