A charge against a K Rd prostitute of trying to blackmail a married client was thrown out by a judge in the High Court at Auckland yesterday.
The Crown, represented by Jonathan Krebs, had alleged that Samantha Sherrie MacFarlane, a 33-year-old pre-operation transsexual, threatened to tell Selwyn Brightmore's wife about their
late-night encounter.
But after hearing Mr Brightmore's evidence yesterday morning, Justice Tony Randerson said his testimony was "full of inconsistencies."
"No reasonable jury could convict on the basis of the complainant's evidence," the judge said.
MacFarlane admitted a second charge of trying to use Mr Brightmore's credit card to withdraw $900 and is to be sentenced later.
The jury heard that MacFarlane charged Mr Brightmore $80 for oral sex but the money was not paid. Several phone calls were made to Mr Brightmore's home and mobile phone. On one occasion, Mr Brightmore said, MacFarlane threatened to tell his wife - who now knows what occurred.
But defence counsel Ron Mansfield said his client had made no threats and was merely trying to get paid for the oral sex. The money was eventually paid, the court heard.
Justice Randerson declined to give Mr Brightmore name suppression, saying he was to a substantial degree "the author of his own misfortune."
While not condoning MacFarlane's conduct, the judge said individuals who went to areas such as K Rd seeking sexual favours should not have any belief that their names would be protected from publication in the event of some criminal conduct being disclosed.
Outside court Mr Mansfield said that if the sex industry were legalised, sex workers could use the court system to sue to recover unpaid debts like anyone else.
