Police officer Jamie Foster appeals against sex crime convictions, defence claims miscarriage of justice

Jamie Foster was jailed for indecently assaulting and sexually violating his female workmate. Photo / Sam Hurley

A police officer who was jailed for indecently assaulting and sexually violating his female workmate has appealed against his conviction in court.

Jamie Foster, 30, was found guilty by an Auckland jury but claims he is innocent.

The court case followed an evening in early February last year where police officers were drinking heavily, including from a hollowed-out police baton, at a Northland motel.

The group had been deployed to the area to help police Waitangi Day events at the Treaty Grounds.

The victim, who was also a police officer, was groped when she found herself alone at the motel with Foster.

Later that night he entered her room and she told the jury she woke up to him sexually violating her.

Judge Evangelos Thomas jailed Foster for a total of six years after awarding a 25 per cent discount for previous good character.

Today, Foster's lawyer Paul Borich, QC, said the trial had "radically departed" from the normal standard to the extent Foster did not receive a fair trial.

Borich told the High Court at Auckland there had been a "grave miscarriage" of justice.

Supporters of Foster were seated in the public gallery wearing white. Some of those in the courthouse had badges that said "Justice for Jamie".

Borich firstly challenged that some evidence was excluded from the trial, saying it prevented defence submissions in a way that was contrary to Foster's rights according to the Bill of Rights.

On the same theme, Borich said the screen used in court while the woman gave evidence had obscured Foster's view, interfering with his ability to participate in his own trial.

Borich also said the trial prosecutor had tapped into current social themes, to believe the victim and that those that did not were "anti-women".

Jamie Foster, next to his lawyer, Paul Borich QC, outside the Auckland District Court last year. Photo / Doug Sherring

It was a subtle, powerful moral appeal which the defence lawyer likened to "a bit of a moral blackmail card".

There was an imperative there not to scrutinise the witness, he said.

"That's what the jury is there for. That is their job."

Crown lawyer Karen Grau said the rulings on inadmissibility were correct and there had not been a miscarriage of justice.

She agreed with the District Court judge's assessment of the screen used in court that it was not great but was good enough.

Justice Mark Woolford, Justice Patricia Courtney and Justice Cameron Mander have reserved their decision on the appeal.

The Auckland District Court trial

During the trial, the victim described how she woke in her dark Kerikeri motel room to pain.

She then reached for her phone and began recording a video. A one minute and 50 second interaction was recorded between her and Foster.

"I've denied you earlier, and I've woken up to you ******* me," she could be heard crying.

CCTV footage also showed Foster moving across the motel courtyard at 2.34am and slowly opening the ranch slider door of his victim's room.

"With a sense of entitlement, which he quite clearly has, he crept into her room and he raped her," trial Crown prosecutor Fiona Culliney had said.

Throughout the trial Foster and Borich claimed any sexual contact with the victim was consensual and a "pre-arranged hook-up".

Where to get help:

• If it's an emergency and you feel that you or someone else is at risk, call 111.
• If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline Safe to Talk on: 0800 044 334 or text 4334.
• Alternatively contact your local police station
• If you have been abused, remember it's not your fault.