Bail-rape accused gets bail - again

Paulus Nieuwenhuiysen faces drug and sex charges. Photo / Greg Bowker

A man charged with drugging and raping a woman while he was out on bail has been bailed again, and yesterday his conditions of release were relaxed.

Paulus Nieuwenhuiysen appeared yesterday in the High Court at Auckland, where his conditions of bail were changed so he could exercise for an hour each day.

Justice Ailsa Duffy approved an application to vary the conditions so Nieuwenhuiysen could leave his bail address with a minder.

She cited his mental health as the reason for her decision.

She allowed the Herald to report the change but suppressed the legal arguments, including those of the Crown prosecutor Tiffany Robertson who opposed the application.

Nieuwenhuiysen is now bailed to an inner-city Auckland address on charges of drugging and raping a woman - while he was already on bail for serious drugs charges - at a popular holiday park.

In 2009 he was charged with possession for supply of Ecstasy, methamphetamine, and cocaine and granted electronic monitoring bail to the Waiwera Holiday Park and Thermal Pool.

Police say that in February 2010 Nieuwenhuiysen called a prostitute to the address, spiked her drink and raped her.

He was taken back into custody, but in May last year was again released on electronically monitored bail in Auckland City, under 24 hour supervision. He is to stand trial in September.

Labour Party law and order spokesman Clayton Cosgrove said the case showed the Government's changes to the bail laws were not working.

Mr Cosgrove said Justice Minister Simon Power was on record as saying the changes would prevent violent criminals getting bail.

"It's not good enough. A judge interprets the legislation which [Mr Power] writes. He said the legislation would prevent this from happening ... Well, the question is: What is he going to do about it?"

A spokesman for Mr Power said Parliament could only pass the legislation and it was up to the judges to apply it.

"We have got tough on this stuff, we've made it harder. We've raised the threshold for bail, and in the end it is up to the judges' discretion."

The National-led Government passed the Bail Amendment Act in 2008. The law previously prevented only defendants who posed a "significant risk" of reoffending or absconding being granted bail.

The Amendment Act removed the word "significant", making it harder to get bail.

The Government last month issued a discussion document, Bail in New Zealand: Reviewing Aspects of the Bail System, which Judge gives bail-rape accused right to go out

proposes reversing the burden of proof for defendants facing serious drugs charges who are applying for bail, among other bail issues.

If the changes were introduced the defendant would have to prove to the court that he or she should be granted bail, instead of the prosecution having to prove bail should not be granted.

The document also proposes continuing electronically monitored bail for defendants on methamphetamine charges and sex charges because the "rate of offending on electronic bail by defendants charged with such offences appears to be relatively low."

Mr Power's spokesman said the Government was hoping to receive many submissions on the discussion document.