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Home / New Zealand

Girl's parents described relationship as toxic, prosecutor tells court

Hawkes Bay Today
17 Oct, 2016 02:43 AM5 mins to read

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The jury in the High Court in Napier will consider 28 verdicts against a Napier man accused of sexually abusing and torturing his partner for two-and-a-half years.

Timothy Hebberley is on trial for 28 charges including injuring with intent, assaulting with intent, sexual violation, kidnap, intimidation, rape and threatening to kill.

One charge of sexual violation has been withdrawn and another charge of injuring with intent has now been amended to assault with intent to injure.

With most charges representing alleged repeated offending, Hebberley faces one of rape, six of sexual violation by unlawful sexual connection, seven of injuring with intent, one of assault with intent to injure, four of assaulting a female, two of assault with a weapon, one of kidnapping, two of threatening to kill, three of threatening grievous bodily harm, and one of intimidation.

The Crown alleges the 20 year old branded his partner with hot wire, burnt her with lighters, and candle wax, intentionally dislocated her limbs, and locked her in a small room with a dangerous dog for two hours.

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Prosecutor Jo Rielly has given her closing remarks to the jury this morning, saying the complainant was a troubled teenager who was being treated for mental health issues and anxiety.

Ms Rielly said her parents described their daughter's behaviour as out of control at times, and her relationship with Hebberley as toxic.

She described Timothy Hebberley as someone who lived by his own rules in his own little world, who was an avid gamer.

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She said he would play games about "supernatural worlds" all night and slept during the day, and the only other things he did was smoke and do drugs. "[His father's] description of him being lazy is the understatement of the year," she said.

Ms Rielly said the couple lived in a surreal world, where they were obsessed with each other.

The relationship deteriorated and what started as verbal abuse led to punching, kicking, slapping, threats to kill and sexual abuse. The complainant had to endure an emotionally, physically and sexually violent relationship for a long time.

Ms Rielly said in Hebberley's own interview with police, he described the complainant as an "uber b..." who frustrated him and he despised her.

The Crown said the events when the complainant was burnt with cigarette lighters, candle wax, and was branded with hot wire were never consensual and many times, he would hold her down and force her to do sexual acts.

Other times, he would stand back and laugh at her, like when he locked her in the washhouse for two hours with a vicious dog.

Ms Rielly said the couple were very sexually adventurous and experimental, but on occasions, she did not consent and he knew that.

"She always knew she had to do what he wanted, because she didn't want to get a beating," she said.

The intentional dislocation of the woman's shoulder and knee joints was narcissism on his part, Ms Rielly said.

She told the jury that in his police interview, Hebberley said he was impulsive as hell, and he could not understand when he crossed a boundary. She said he described himself as a monster who did horrible things.

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She said the complainant was vulnerable and way out of her depth. She had low self-esteem, was depressed and thought Hebberley would change.

She was ashamed and embarrassed and realised it was never going to stop.

Hebberley was a very deranged young man who was cruel, Ms Rielly said. The relationship was disturbed and he even more so.

Hebberley's lawyer Scott Jefferson told the jury that the allegations were "bold, open, cold lies."

He said at no stage ever during their three-year relationship did the complainant tell anyone about anything the jury were now in court to consider.

Mr Jefferson said she went to great pains in her evidence to say that she screamed for help. But there is no evidence from anyone living with or near the couple, that they heard her screams.

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Mr Jefferson said these allegations only surfaced when police visited the complainant and her new partner, when they threatened to burn down Hebberley's father's house.

He told the jury they're being asked to swallow it "hook, line and sinker" that she had issues, but he was worse, so she must be right.

Mr Jefferson said the jury cannot be convinced that the complainant was a credible and reliable witness.

He said her mother gave evidence that her daughter would self-harm by burning her arm with a cigarette lighter.

The other allegations of her being branded with hot wire, burnt candle wax and being locked in the washhouse with a dangerous dog simply didn't happen.

She was a sexual experimenter who used sex toys, wore fishnet stockings, and would email photos of her body parts to Hebberley.

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Mr Jefferson said there's a good deal of fantasy in her account of things, and she would go to great lengths to embellish her evidence.

"She is prepared to concoct and exaggerate," he said.

Justice Helen Cull will give her closing remarks to the jury of seven women and five men tomorrow morning, before they retire to consider the 28 verdicts.

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