Dunedin man not guilty on multiple sexual assault charges

The girl acknowledged going to Evan Hedley Smith's room made no sense, but said her claims were "100 per cent true". Photo / Getty Images

A Dunedin man has been cleared of a slew of sexual allegations which would have put him in prison for at least a decade, had he been convicted.

Evan Hedley Smith, 62, a painter, was on trial last week before a jury of seven women and five men at the Dunedin District Court.

After three hours' deliberation on Friday, they unanimously acquitted him on six counts of indecent assault and two of rape.

The complainant claimed she had been abused up to four times a week for more than 18 months.

She told the court how she would go into Smith's room in the middle of the night and get into his bed.

But defence counsel Anne Stevens quizzed her on why she would do that if she was supposedly going through such traumatic suffering.

The girl admitted it made no sense.

Stevens also criticised the complainant's demeanour while giving evidence.

"I lost count of the number of times she yawned," she said.

"She stretched as though these matters barely kept her awake, barely warranted her attention."

Crown prosecutor Richard Smith accepted the girl's story changed - first alleging molestation before progressing to rape - but said that did not mean she was lying.

Her inconsistencies were the result of "a whirlwind of unfamiliar territory even for an adult", he told the jury.

But they remained unconvinced.

Richard Smith highlighted DNA evidence the court heard from ESR staff during the trial.

Six used condoms from Smith's bin were analysed and scientists found the defendant's genetic material on two, the complainant's on two and both parties' DNA on two.

When questioned by police, Smith said the condoms were used only for solo activities.

Stevens told the jury the girl's DNA on the prophylactics was easily explained.

The girl said she would blow the condoms up like a balloon at times.

The contamination could also have come from transfer DNA from items she put in the rubbish, Stevens said.

"Science is a wonderful thing. Analysis of DNA is remarkable," she told the jury in her closing address.

"But however clever it is, scientists can't tell you how the DNA got there."

Stevens introduced further doubt about the legitimacy of the sex allegations when cross-examining witnesses about discussions they had about money.

The complainant acknowledged she and her mother had discussed potential compensation payouts.

"The grosser the abuse, the bigger the payout," Stevens said. "This is a family that struggles with lack of money."

She said the financial element gave the girl "a motive to lie".

Smith was given a sentencing indication by a judge months before the trial.

At such a hearing, a defendant can find out how they would be dealt with by the court were they to plead guilty.

Smith was told he would face nearly 10 years behind bars.

When the not-guilty verdicts came in last week, the defendant was released.