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Home / New Zealand

'I was so shocked I just stood very still': Alleged indecent assault by prominent Kiwi

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
5 Mar, 2019 04:00 AM5 mins to read

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The trial is set to last four weeks in the Auckland District Court. Photo / File

The trial is set to last four weeks in the Auckland District Court. Photo / File

A young man has recalled feeling dizzy before being indecently assaulted in the home of the prominent New Zealand businessman he was trying to secure funding from, a court has heard.

The well-known Kiwi's trial began yesterday in the Auckland District Court, while opening addresses from the Crown and defence teams were heard today.

He is facing two charges of indecent assault - having been accused of abusing two men in February 2008 and October 2016 - and two counts of perverting the course of justice by attempting to dissuade the second complainant from giving evidence in his trial.

A well-known entertainer is also on trial and faces three charges of attempting to dissuade the same complainant.

A third man, the prominent New Zealander's business manager, is charged with attempting to dissuade the witness on one occasion.

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Late this afternoon, the first complainant told the court he contacted the businessman in 2008 to ask for financial support for a project.

The businessman later said he was willing to hear the proposal and wanted to meet the young man, the court heard.

"I was thrilled to receive that phone call," the complainant said.

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"He was interested enough to potentially be supporting my [project]."

When the young man arrived at the wealthy businessman's home he was in awe of its grandeur.

"It's quite extraordinary, It's an amazing place," he said.

"He offered me a drink, a gin and tonic, which I accepted ... We talked about my project. We probably spoke for about 15 maybe 20 minutes about it."

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The businessman then offered the young man another gin and tonic, the young man said.

"We continued to talk about my work, but he wasn't really asking questions which I would consider normal."

The businessman allegedly said: "Why should I support you?"

"It had the effect of making me feel that I really had to work hard to earn his support, I had to play my cards right," the young man said, adding the tone of the questions were strange.

The businessman also insisted the young man stay for dinner, he said.

"It was a command, like it had already been arranged," the complainant said.

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"I accepted that, if I had to have dinner to get this sponsorship then I'll do that."

Dinner, however, was even more strange, the young man said.

"The food was quite awful. [The businessman] was actually very embarrassed about the food. He said [so] several times. He was explaining that the chef had just left."

During dinner the young man said he had a glass, maybe a glass-and-a-half, of red wine before the tour of the house began.

"[The businessman] took me through various rooms in the house, [it] started downstairs ... I remember a room which is quite long.

"We went room by room, eventually heading upstairs."

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But something was wrong, he continued.

"At this point I began to feel not particularly well, I began to feel dizzy and not to have as much control over my limbs as I normally would.

"I realised physically something wasn't right."

The businessman then pointed towards a room, the young man said.

"This is the room where you will stay," the prominent Kiwi allegedly said.

The young man said it "made no sense to me at all".

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"I became very aware that I needed to leave," he said.

"He led me into [the bedroom]."

The prominent New Zealander's lawyer David Jones QC says the first complainant has fabricated a story. Photo / Jason Oxenham
The prominent New Zealander's lawyer David Jones QC says the first complainant has fabricated a story. Photo / Jason Oxenham

The young man said his physical condition began to deteriorate further and he grew concerned about his safety.

"He came up behind me and put his hand on my ass and squeezed it and said, 'god, you've got such a sweet ass', and kissed the back of my neck and said, 'why does there have to be a [partner].

"I was so shocked that I just stopped and stood very still."

The young man said at the time he was a decade younger and maybe naive.

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"I think I tried to I deal with it by kinda laughing it off, by trying to be polite, but still wanting to leave," he said.

"He just sort of lagged behind and I was just looking for a phone … to call a taxi to leave.

"I was feeling so inebriated and dizzy and not in control of my body and he wasn't helping me. I had said, 'I need to go, I need to call a taxi' and he wasn't leading me to a phone."

But, the young man explained, there were "gaps" in his memory.

"I don't even remember how I got out of the house," he said.

"My next memory is being in a taxi, feeling awful and then getting home."

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Shortly after arriving back at his house he began vomiting before telling his partner of what the businessman allegedly did.

The young man came forward to police in late 2017 after learning that someone else had made a sexual complaint against the businessman.

"It was something that I'd wanted to do, something I'd be talking about doing for many years," he told the court today.

"I have to support that [other complainant]," he recalled thinking.

"And to finally put it on record what happened to me."

The prominent New Zealander's lawyer David Jones QC has accused the man of fabricating his story.

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All three defendants had their interim name suppression revoked this morning by Judge Russell Collins after a successful legal challenge by the Herald and Stuff. But their names will remain secret after lawyers for the accused indicated an appeal to the High Court.

The jury trial, which is set for four weeks, continues.

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