A leading figure in the New Zealand entertainment industry is on trial in the High Court at Rotorua. Photo / Andrew Warner
A woman who says a leading entertainment figure broke into her home twice in one night and tried to rape her says she didn’t complain to police at the time because he said he had gang affiliations and she knew he was wealthy and powerful.
The woman’s video interview with police was played to a jury in the High Court at Rotorua on Friday. Today in court, she was questioned about her evidence.
The man, who has interim name suppression until at least the end of the trial, is facing 25 rape, sexual assault and drugs-related charges relating to nine complainants.
The Crown alleges the defendant used illicit drugs on some of the women before offending against them , and used his position in the entertainment industry to get what he wanted sexually.
The defence says that while the married defendant admitted taking drugs and having sex with other women, this was the nature of the industry. He was popular and did not need to ply women with drugs and alcohol for sex, and the case was a “MeToo fest”.
Some details and names of others involved in the case cannot be reported because of suppression orders.
The woman giving evidence this week is the final Crown complainant in the trial that has entered its eighth week. The defendant is charged with four offences relating to the woman, including two counts of burglary, one count of assault with intent to commit sexual violation and one count of attempting to sexually violate the woman.
She said in her video evidence she woke to find the man on top of her in bed and she told him “p**s off, you weirdo”. She said she struggled with him for a period trying to pull her blanket up and became increasingly worried about what he might do.
She said she decided to briefly let him be “preoccupied” with touching her while she quickly sent three text messages for help to friends and her sister saying something like: “Help me, [he’s] in my house. He’s going to rape me”.
A short time later, one of those friends responded by calling. The woman answered and quickly said: “He’s going to rape me, come now”.
She said the defendant grabbed the woman’s phone and started having an argument with the woman’s friend who was ordering him to leave saying: “You need to get out of that house now, we’re coming. We’re on our way. We’re going to f*** you up.”
But she said the defendant told the woman’s friend on the phone: “I’ve got gang affiliations ... I’ll get all of you killed”.
She said her friend then pretended they had gang members with them and were on their way. The defendant got dressed and angrily left.
Earlier in the night, the woman said she had allowed the defendant to walk her home from an event they were at after he was being “annoying” and insisted she couldn’t walk alone.
She needed to leave the event because she had to relieve a babysitter at what she thought was about 11pm and didn’t want to be late.
She said during the event the defendant had been “seedy” and was clearly wanting to “hook up” with her.
After walking her home, she told him he couldn’t come inside, closed the gate and went inside. However, after putting the key out for her sister, a short time later the defendant was found in her hallway.
She said: “What the f*** are you doing in my house”. The defendant claimed he needed to go to the bathroom.
She said after showing him where to go, he pushed himself on her, forced her dress up and put his thumbs in her underwear and violently forced her underwear down.
She told him to get out and threatened to call the police and he called her a “b***h” and a “whore”.
The woman said the defendant must have taken the key with him and returned a few hours later about 4am and got into her bed.
The woman said she didn’t go to the police at the time because she knew he was wealthy and powerful and had mentioned his gang connections.
“Back then ... I didn’t make very much money I couldn’t afford a lawyer to fight him. I didn’t realise he’d ever done this to anybody else,” she said in her video evidence.
The woman told the jury today she later moved out of the house because she didn’t feel safe staying there knowing he still had the key.
The woman said she was approached by the police several years later after other women had come forward.
Under cross-examination by defence lawyer Ron Mansfield KC, the woman said she contacted people who knew what happened that night to make sure her evidence was in sequence.
In a text message to the babysitter, who was at her home on the night alleged offending, the woman said she felt sorry she didn’t make a complaint earlier.
“A lot of girls have come forward about him. He’s a predator ... He is finally getting charged with all the rapes and stalking he has done over the last 10 years,” the woman said in the text messages.
The man has pleaded not guilty to 10 charges of indecent assault, four of sexual violation by rape, three of sexual violation by unlawful sexual connection, two of attempted sexual violation, two of burglary, one of assault with intent to commit sexual violation, one of supplying MDMA, one of supplying methamphetamine and one of willfully attempting to pervert the course of justice.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.