An Australian businessman facing historical sex charges from alleged offending in Wairoa more than 43 years ago has won his bid to be bailed back to Australia.
Monty Smith, 64, faces two charges each of rape and indecent assault arising from alleged crimes in Wairoa and Wellington.
Police believe the first alleged
offences occurred in Wairoa in 1967, when the female complainant was under 12 years of age.
They claim Smith again raped and indecently assaulted the victim in Wellington in the early 70s.
It's understood the complaints were laid in May last year.
Smith, who emigrated to Australia in 2008, was arrested by Hastings detectives in Tauranga five weeks ago while visiting New Zealand on business.
He surrendered his passport and was later granted bail.
Smith appeared in the Hastings District Court this week and asked to return home to the Gold Coast to tend to his business.
His lawyer, Roger Philip, told the court his client was down to his last $9, and since his arrest had survived only on the goodwill of the Salvation Army and family in Hawke's Bay.
He told the court his client was in a bind as he was unable to return home, yet had been denied financial assistance from Winz.
"The Government made an application to keep him here on bail, but has refused to give him a place to go or means for him to live," Mr Philip said. He argued his client had no prior convictions, was not a flight risk and could be retrieved through New Zealand's extradition treaty with Australia.
Smith denies the allegations and will defend all charges.
Prosecuting, Sergeant Andy Horne opposed the application and claimed there was nothing stopping Smith flying from Australia to a country where there was no extradition.
"This is serious offending and we're concerned if given the opportunity he will disappear," Mr Horne said.
Judge Bridget Mackintosh granted the application "by a fine margin", and told the hearing Smith was entitled to the presumption of innocence.
Conditions included police contact three times a week, including appearances at his local Gold Coast police station, and not to contact his alleged victim. He is set to appear in court in Hastings next month.
