A well-known cricketer on trial for rape says he felt the alleged victim enjoyed the sex and felt it was consensual.
Northern Districts cricketer Scott Kuggeleijn took to the stand on day two of his retrial in the Hamilton District Court today, after the crown closed their case.
Kuggeleijn, who denies a charge of rape from an alleged incident at a Hamilton East flat on May 17, 2015, was quizzed by his counsel, Philip Morgan QC, about the sex that took place early that morning.
Testifying before a jury of six men and six women, Kuggeleijn said he "thought [the complainant] was enjoying it because she was breathing heavily and just acting the same as I was when I was touching her".
However, "pretty quickly" after the sex finished, she got out of bed and went to get a glass of water, before returning without saying anything.
Kuggeleijn denied the complainant's testimony that he pinned her arms down, that she tried to wriggle away and that she tried to push him off her.
"That's not true," he said to each accusation.
After the alleged rape, Kuggeleijn said he ran to his cousin's house where the party was held the night before.
He told his cousin and the complainant's flatmate that she "was keen" for sex that morning.
"She was enjoying it, yeah."
He said he went to the flat because he found it "weird" that the complainant was upset and being asked to leave after the sex had occurred.
He was told later that afternoon the complainant felt that she couldn't say no, that he had been persistent and was quite forceful.
He said he texted the victim, via his cousin, to apologise.
"I thought I should let her know that I was sorry ... because it was a pretty big shock to me and not very pleasant."
Morgan also questioned his client about the pair's actions at a party earlier in the night.
Kuggeleijn had commented to a friend that the complainant "loved penis".
"I hadn't known her for very long and there's not many women who you haven't known for very long who grab your groin like that."
When asked why he asked the complainant to leave Keystone Bar so soon after arriving - 15 minutes - Kuggeleijn replied that they were "clearly getting on with each other and I just wanted to see where things would go".
Arriving back at her flat, he recalled they got into bed together and eventually taking off her underwear, asking if she was on the pill and then getting on top of her.
It was then, he said, that the complainant said "no" to sex. Their sexual encounter began again but again he was told "no" to sex.
When asked about the complainant's evidence that she said "no" "dozens of times", he said that "was a lie".
"I tried [having sex] twice, like she might have said 'no, no' a few times but it wasn't dozens of times."
Morgan asked him how he felt "being let down at the last minute" by the complainant in regards to sex that night and Kuggeleijn said it was "a bit unusual" but "it wasn't a big deal".
This afternoon a witness accused Kuggeleijn of boasting of his sexual conquest to friends after the alleged rape, saying he'd "cracked it".
A former Waikato University student, who cannot be named, gave evidence today in the fast bowler's trial in the Hamilton District Court.
The witness is a flatmate of the complainant's but had stayed the night at a flat where a party had been held the night before, and said the defendant had walked into the room she was in just after the alleged rape had occurred, and said that he had "cracked it".
"Scott Kuggeleijn returned in the room about 8am and said that it was a long walk home and that it had been awkward or weird [with the victim].
"He said everything was okay and then she began crying, also that he had been trying for a while and that he had finally cracked it."
She said the complainant told her that Kuggeleijn was "quite persistent" and that he had pinned her arms down and told her to "shoosh and forced her to have sex with him".
When he had overpowered her, "at that point she gave in", she said.
When asked by crown prosecutor Jacinda Foster what the woman was thinking, she said "she was thinking she had no other option but to give in at that point".
"She said to me she said 'no' a number of times," she testified.
Morgan denied his client used the words "cracked it", rather that he "had been trying for a while and she said no but in the morning it was all good".
However, the witness stuck to her testimony.
Kuggeleijn's friend, Agni Bhorkar, socialised with the complainant and Kuggeleijn at a party before they went into town.
He said the woman was "flirty" with both him and Kuggeleijn.
He said the accused told him he thought "she was flirty and he thought that she would probably love penis".
Bhorkar, who had only three drinks the whole night, went out for breakfast with the accused later that morning where they discussed what had happened.
He said Kuggeleijn told him the woman "seemed to be really getting into it", that they both had sex and then shortly after he was asked to leave.
He got a phone call later that day from Kuggeleijn saying the woman had been going round "telling people that he had raped her".
Morgan opened the defence case this afternoon stating his client will take the stand and he was of the belief he had a "willing partner" that morning.
He said his client will testify that the woman did consent but regretted what happened later.
"She felt she had to consent, that she had gone so far with this man that all her friends knew about what had occurred and if she turned him down ... she would be regarded as a bitch or a tease."
"A reluctant consent is still a consent and a regretted consent is still a consent ... it might have been consent given for not particularly good reason."
Morgan told the jury that the complainant didn't appear to remember a lot about that night so questioned whether her evidence was reliable.
"To what extent can you rely on her account of what took place in the bedroom subsequently."
Kuggeleijn will also dismiss the complainant's testimony that she said "no" to him "dozens of times" rather it was just the two times that he tried to have sex with her after coming home from town.
He will also call a private detective who he employed to "pore over" CCTV footage of the pair during their short time in Keystone Bar on Victoria St.
Yesterday the court heard about a text Kuggeleijn had sent the complainant, via a mutual friend, apologising for his actions and admitted being "persistent".
Earlier today, the court heard that the woman who alleges she was raped by Kuggeleijn burst into her flatmate's room saying she had been raped, and wondered what she should do.
The flatmate's former boyfriend was giving evidence on day two of the retrial of Kuggeleijn in the Hamilton District Court today.
The flatmate and her boyfriend had been in bed the morning the alleged rape occurred when the complainant burst into the room, "distraught", he said.
"She managed to get out that she thought she had been raped [and said] 'what do I do, what do I do'."
He then heard her tell his girlfriend that she had told "the guy 'no'."
The recorded testimony of the girlfriend, who is overseas, was also played to the jury.
In questioning from crown prosecutor Jacinda Foster, the victim's flatmate recalled getting home and hearing noise coming from the woman's room so popped her head in and saw the pair kissing. It looked like she was "into it".
The next time she saw her was the next morning when the woman came into her room, upset.
"I woke up and [the complainant] came into my room and so I jumped up and went to give her a hug. She was struggling to breathe."
She said the complainant told her "that she didn't want to but he kept trying".
She then struggled to understand what she was saying so suggested she get in the shower and calm down, before going downstairs and asking Kuggeleijn to leave.
"He said 'yeah, what's wrong, what did I do?' and I said 'I'm not sure she's just upset'."
Once she'd calmed down a bit, the woman said, the complainant told her "I didn't want to but I couldn't push him off" or "something like that".
In a conversation with a group of friends, she said the complainant told them that "[Scott] had been trying all night and that in the morning she gave up.
The trial continues.