The police officer's trial is being conducted at the Auckland District Court. Photo / File
The police officer's trial is being conducted at the Auckland District Court. Photo / File
A female police officer has described being woken up by pain as a colleague allegedly sexually violated her during their deployment to last year's ceremonies at Waitangi.
The accused policeman, who has name suppression, was arrested last March after allegations emerged from an incident on the night of February 4and early hours of the next day at a Kerikeri motel.
He was charged with and denies sexual violation by unlawful sexual connection and indecent assault after he and several officers were sent to help patrol Waitangi Day events.
The cop's trial in the Auckland District Court began Wednesday.
But his lawyer, Paul Borich QC, claims any sexual contact was consensual. He told the jury it was a "pre-arranged hook-up" and a case of regret about the night's events not rape.
Yesterday, the jury heard from the complainant as the first witness in the trial.
Two Snapchat videos were played near the start of her evidence which showed some wrestling and raucous behaviour at the motel by some of the male police officers, including the defendant.
The court was also shown the complainant's filmed police interview on February 6 last year as she spoke about the allegations.
During the interview, she said the defendant first "shut the door and tried to come on to me" in one of the units earlier in the evening of February 4.
The accused cop allegedly indecently assaulted his workmate when he put his hands down her shorts, Crown prosecutor Fiona Culliney said yesterday.
"I just said 'it's not going to happen'," the complainant recalled in the video interview.
"I just got on with things ... We all have banter, we all muck around and have a good time together. I didn't go out and make a scene, I just told him to pull his head in … and left it at that."
"I've sat up and I was really upset, I've slid up the bed and sat up against the headboard.
"I started freaking out and asking him essentially what the f**k was going on and what was he doing?"
The alleged victim said her colleague replied: "What are you doing? ... Don't do this to me."
"I just felt that he was really manipulating me," the complainant said. "I managed to open my phone and press it onto camera and press record on the video ... I recorded some of the conversation."
A one minute and 50 second interaction was recorded and played to the jury yesterday.
"Don't even give me that sh*t," the complainant can be heard saying.
"I've denied you earlier, and I've woken up to you f***ing me," she said crying.
"What do you want me to do?" the defendant said.
The alleged victim said the accused left the room and she sat on her bed in tears.
"I don't know anyone super well and I'm with a whole team of boys," she said. "I didn't think I could go and say anything so I just sat there crying on the bed."
The court was told two other police officers later came to talk to the woman after hearing her crying, while the group's sergeant was also notified.
Judge Evangelos Thomas is presiding over the trial. Photo / Sam Hurley
Earlier, at 12.53am, the accused officer had sent the complainant a Snapchat.
The complainant explained to the court today that when she activated her phone off airplane mode the morning after the alleged assaults she saw a pending Snapchat from the accused officer.
She alerted her father and Detective Kelly Bates, who was investigating the claims.
But the message was never opened after the accused deleted the social media app and removed his workmate as a contact before its contents could be viewed.
"We don't know what was in that Snapchat, but it's clearly been deleted," Culliney said yesterday.
Borich has said the defence in this case "is a very simple one" and his client and the complainant had a "pre-arranged hook-up".
However, the decision has been appealed and suppression will continue until the challenge could be determined.
Further details about the case have also been suppressed to protect the identity of the complainant.
The accused officer has been stood down from the police and a separate employment investigation will be conducted, Auckland's Detective Superintendent Dave Lynch has said.
The trial, which is expected to last two weeks, continues today.
