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Home / New Zealand

Crown says allegations are so detailed and 'ghastly' they can't be fabricated, defence says there has been an 'ever-changing' narrative

By Chelsea Boyle
Chelsea Boyle is a reporter for the New Zealand Herald·NZ Herald·
20 Oct, 2020 10:30 PM5 mins to read

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The man's trial started in the High Court at Auckland on Monday. Photo / File

The man's trial started in the High Court at Auckland on Monday. Photo / File

The closing arguments have been heard in the high court trial against a man facing serious physical and sexual violence charges in relation to a former partner.

The man - who has name suppression - denies all eight charges; two of sexual violation, three of assault, two of assault with a weapon and one of threatens to kill.

His judge-alone trial before Justice Timothy Brewer in the High Court at Auckland started on Monday.

During the trial, the court heard the couple moved in together quickly as they both needed a place to stay and that his financial dependence made it harder for her to leave.

In closing, prosecutor Fiona Culliney said the Crown case had five key planks.

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Firstly, the allegations were so detailed and "frankly so ghastly" that they could not be fabricated, Culliney said.

The woman had to tell that to police before again reciting it in this courtroom, she said.

Then there was the complainant's account of the events of January 19, 2017, contained in a letter written that night, she said.

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That was the night the complainant says the defendant nearly killed her.

Culliney said the complainant had then made a police complaint when the relationship ended in April that year.

There was some later acknowledgement of wrongdoing in his text messages, that he had caused hurt, she said.

Finally, there was his "manipulative and controlling behaviour" in the fraught, toxic relationship.

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The court heard earlier this week the woman's testimony that she felt she was walking on eggshells in a volatile relationship that was eating away at her spirit, making her feel worthless.

Defence lawyer Belinda Sellars QC said it was clear the defendant had treated the woman badly, she was "essentially his meal ticket".

"He took her money, he was unfaithful and he repeatedly made promises that he did not keep," Sellars said.

The complainant had very good reasons to be extremely upset and angry at him, the defence lawyer said.

But while it was clear the relationship was abusive financially and emotionally it was not accepted that he was physically or sexually violent, she said.

Sellars said the woman's evidence lacked credibility and reliability, pointing to changes to between her initial statements and her filmed interview.

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The woman very clearly told the court after January 19 she lost her fighting spirit, Sellars said.

In her words: "I lost questioning him about the money. I lost questioning him about why he was hurting me. I just became numb to it all. I just allowed him to do what he saw fit every day."

But Sellars said texts exchanged through January, February, March and April showed that was patently incorrect.

"We saw in the texts message how she was challenging him about money."

The defence lawyer said the court could not be sure on her evidence alone in circumstances where her narrative had been "ever-changing".

"The Crown evidence is not sufficient to prove these charges beyond reasonable doubt."

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Justice Timothy Brewer, pictured in 2017, is presiding over the trial. Photo / File
Justice Timothy Brewer, pictured in 2017, is presiding over the trial. Photo / File

January 19, 2017

In a filmed police interview the complainant said on January 19, 2017, she had come home and found the defendant slumped asleep on the couch.

Quietly, she sat nearby on the edge of the couch. She said he was groggy and his eyes struggled to focus on her.

"You are going to die today," she said, recalling his words after he woke.

He chased her around the house with a knife, she said, as she tried to keep him at arm's length.

Next thing she knew they were on the floor and he was on top of her, she said.

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"He said 'It's time to go to sleep'," she said.

"I have never been so scared in my life. I managed to wriggle away.

"I haven't told a soul what he did next."

He threatened to kill her and her family, she said, forcing her into sexual acts.

She has told the court she made a signed letter that night recounting what happened in case she died.

The next morning she said he told her they were not discussing it and "it didn't happen".

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"A piece of me died that night and I lost my fighting spirit."

DOMESTIC VIOLENCE - DO YOU NEED HELP?

If you're in danger now:

• Phone the police on 111 or ask neighbours of friends to ring for you.
• Run outside and head for where there are other people.
• Scream for help so that your neighbours can hear you.
• Take the children with you.
• Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay

Where to go for help or more information:

• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz
• Women's Refuge: Free national crisis line operates 24/7 - 0800 refuge or 0800 733 843 www.womensrefuge.org.nz
• Shakti: Providing specialist cultural services for African, Asian and middle eastern women and their children. Crisis line 24/7 0800 742 584
• It's Not Ok: Information line 0800 456 450 www.areyouok.org.nz

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