NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Prison rape trial: Benjamin Goundar's lawyer demands 'show us the shank'

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
11 Nov, 2020 10:57 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Benjamin Goundar has been accused of raping his prison cellmate while in jail for a different rape. Photo / Melissa Nightingale

Benjamin Goundar has been accused of raping his prison cellmate while in jail for a different rape. Photo / Melissa Nightingale

Content warning: This article references sexual assault and violence. Helplines can be found at the bottom of the page.

A convicted rapist who is also accused of raping and sexually abusing his young prison cellmate over several months may find out his fate tomorrow.

While 31-year-old Benjamin Goundar is already serving a lengthy sentence for abducting and raping a teenage girl in 2011, he could face an increased prison term if found guilty by members of a Wellington jury, who will begin deliberating tomorrow.

Goundar is on trial in the High Court at Wellington this week on nine charges, including common assault, sexual violation, and threatening to kill. Sexual violation carries a maximum sentence of 20 years in prison.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

He is accused of raping his 18-year-old cellmate in Upper Hutt's Rimutaka Prison on multiple occasions, as well as forcing him to perform oral sex, every night from mid October 2017 to early January 2018.

He is also alleged to have threatened to kill the complainant if he reported the alleged offending or tried to move to a different cell, at one point pulling a shank on the man.

The complainant gave evidence in court on Monday, saying if he refused to engage in the sexual acts Goundar would slap and punch him repeatedly until he complied.

The alleged abuse ended when an anonymous tip-off was made, and Goundar was moved out of the unit. The complainant gave a statement to police later in the year.

Advertisement
Advertise with NZME.

In court today, the lawyers gave their closing addresses to the jury of eight men and four women.

Defence lawyer Karun Lakshman began his address with the demand: "show us the shank".

Corrections staff did not find a shank when they searched the cell, which Lakshman suggested was because the shank never existed.

"It exists only in the litany of lies that you've heard from [the complainant]."

He told the jury the complainant had lied throughout his evidence, and that his allegations had "gaping holes".

He pointed to the complainant's evidence that the first two nights in the cell Goundar asked for sexual favours and the complainant refused, and nothing happened.

The complainant later said under cross examination Goundar still hit him on the first two nights when he refused.

It was also important for the jury to remember Goundar's 2011 offending was against a female, and the complainant in this case was a male, Lakshman said.

"If Mr Goundar was the manipulative sexual predator the Crown says he is, then I suggest to you he had all the opportunity in the world to manifest that behaviour, manifest that tendency well before 2017."

He also noted three neighbouring inmates told police they had never seen or heard anything out of the ordinary between Goundar and complainant.

Advertisement
Advertise with NZME.

Crown prosecutor Jamie O'Sullivan said Goundar's previous offending was a strong indicator that showed his "modus operandi", and urged the jury to look at the similarities between the two cases.

"[The complainant] had no way to know the detail of Mr Goundar's previous offending, but the similarities are still there. "

Similarities included young complainants who were vulnerable and isolated - both by circumstance and then by Goundar - with Goundar presenting a friendly face to allegedly lure them away.

In the first case he then demanded oral sex, resorting to violence and death threats until he got his way.

"It's a case about power, domination, and control," she said.

The absence of a shank was not particularly relevant, because it could easily have been hidden, disassembled, or given to a friend for safekeeping, she said.

Advertisement
Advertise with NZME.

O'Sullivan also noted the three neighbouring inmates who spoke to police might have seen or heard things but chose not to tell police.

"Just think about the context, because you're talking to the police about another inmate while you're still inside."

Tomorrow morning Justice Karen Clark will summarise the case to the jury, and they will then be sent away to deliberate on the charges.

Where to get help:

• If it's an emergency and you feel that you or someone else is at risk, call 111.
• If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline Safe to Talk on: 0800 044 334 or text 4334. (available 24/7)
• Male Survivors Aotearoa offers a range of confidential support at centres across New Zealand - find your closest one here.
• Mosaic - Tiaki Tangata: 0800 94 22 94 (available 11am - 8pm)
• If you have been abused, remember it's not your fault.
• Wellington HELP has a 24/7 helpline for people who need to speak to someone immediately. You can call 04 801 6655 and push 0 at the menu.

Save

    Share this article

Latest from New Zealand

Politics

Exclusive: National loses control of cost of living to Labour in new survey

18 Jun 05:00 PM
Premium
Letters to the Editor

Letters: New vape rules leave much still to be addressed

18 Jun 05:00 PM
New Zealand

Morning quiz: A group of mice is called what?

18 Jun 05:00 PM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'A let-down': Iwi challenges DoC, minister over ski field deals

'A let-down': Iwi challenges DoC, minister over ski field deals

18 Jun 09:18 AM

They allege the Crown ignored Treaty obligations by not engaging with them.

Police investigating after body found in Christchurch carpark

Police investigating after body found in Christchurch carpark

18 Jun 09:17 AM
Numbers revealed for tonight's $25m Powerball jackpot

Numbers revealed for tonight's $25m Powerball jackpot

18 Jun 08:23 AM
Premium
Has Tory Whanau's experience put women off running for mayor?

Has Tory Whanau's experience put women off running for mayor?

18 Jun 07:26 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP