A convicted rapist who allegedly went on to rape his young cellmate in prison has categorically denied the abuse.
Benjamin Nilesh Goundar, 33, has given evidence in the High Court at Wellington today during his retrial for sexually violating the 18-year-old man for three months.
Goundar, who was given a lengthy prison sentence in December 2011 for his violent rape and kidnap of a 15-year-old girl in Hamilton, is now accused of physically and sexually abusing his cellmate almost every night between October 2017 and January 2018.
He faces nine charges, including sexual violation, assault, and threatening to kill. All the charges relate to his time in Rimutaka Prison in Upper Hutt.
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Advertise with NZME.Today Goundar flatly denied the alleged offending, saying he had never threatened, physically assaulted, or sexually abused the complainant.
He said the complainant approached him one day and explained he didn't get along with his then-cellmate, and asked Goundar if he could move into his cell.
"I told him it was alright I get along with anyone," Goundar told the court.
The evidence is in contrast to the complainant's assertions that Goundar convinced him to move into the cell with promises of movies, good food, and a more comfortable environment.
Goundar said he and the complainant "got along alright", with occasional disagreements about the cleanliness of the cell.
Earlier today a man who had been in the neighbouring cell said he heard banging, yelling and moaning from Goundar and the complainant's cell every night after lockup for up to an hour, and said Goundar described the complainant as his "bitch".
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"I could see that Ben used to order [the complainant] around a lot."
He said he didn't know Goundar well and didn't particularly like him, leading defence lawyer Karun Lakshman to suggest he was making the allegations up to "get back" at Goundar. The witness denied that.
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Advertise with NZME.Lakshman pointed to the witness' evidence from the earlier trial in 2020, where he said he heard the noises in the cell for about five minutes.
But the witness today said he meant he had heard the noises in "five-minute spells" going on and off for up to an hour.
As part of the defence evidence, Lakshman introduced an admission of facts to the jury, which included evidence from three former inmates from neighbouring cells who told police they never heard any unusual noises, witnessed any abuse or noticed any injuries on either Goundar or the complainant.
In a brief but tense cross-examination, Crown prosecutor Tim Bain said Goundar "needed a bitch".
"To use prison slang, you needed a bitch didn't you?" he said.
"[The complainant] was young and vulnerable and that's why you targeted him."
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Advertise with NZME."I didn't even call him that name," Goundar said.
Bain pointed to Goundar's previous offending in Hamilton, comparing it to the latest alleged offending.
Similarities included the enticement of food and the strike to head when the victims refused to perform oral sex.
"Do you accept there is a pattern of what [the complainant] has accused you of and what you have admitted to in 2011?" Bain asked.
A simple "no" was offered back from the witness box.
This was a common theme throughout, as Goundar continued to deny all allegations.
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Advertise with NZME.Bain said Goundar's claim the complainant had approached him to ask about moving into the cell was contrary to evidence given at the first trial in 2020, where he said he was approached by Corrections officers who asked Goundar if he was okay with the teen being transferred to his cell.
When Bain questioned Goundar on the timeline, most answers were "no", "incorrect", and "that's not true".
"I'm not saying we didn't have disagreements probably like the rest of the prisoners who share a cell ... But not to the degree that I'm being accused of," Goundar said.
The trial, before a jury of four men and seven women, will continue tomorrow.
