2.45pm
An Auckland truck driver walked out of court today no longer facing serious charges of kidnapping and rape after a series of court episodes his lawyer has described as an abuse of process.
However, Alan Mark Scadden, 25, admitted in Manukau District Court today a lesser charge of having underage sex
with a 14-year-old Nelson girl in September after meeting her on the internet. He will be sentenced on that charge on June 13.
The serious charges of kidnapping the Nelson girl and raping her were dismissed today after crown prosecutor Emma Barrett applied to have them withdrawn.
The dismissal followed an application from Scadden's lawyer Colin Amery.
Today's development followed a series of court appearances for Scadden which began in October last year when he pleaded guilty to kidnapping the girl in a plea bargain with the crown in return for having the underage sex charge withdrawn.
In December that sex charge was re-laid by the crown which said there were "mitigating circumstances", prompting a claim by Mr Amery that the crown was abusing judicial process by reneging on the plea bargain.
Ten days later on December 13 Scadden changed his plea to not guilty on both the kidnapping and underage sex charge.
On January 30 this year the crown laid a rape charge against Scadden and on March this year Mr Amery failed to have these charges thrown out, again citing an abuse of process.
Today, when Scadden stood in court and the two serious charges were dismissed no reason was given.
After the hearing Ms Barrett said there were a range of reasons probably moved by the crown.
Scadden was released on bail and a victim impact and emotional harm reports were ordered for his sentencing appearance next month.
The original charges were laid after Scadden had a relationship with the Nelson girl after they corresponded in an internet chatroom.
Nelson District court had earlier been told the girl told Scadden she was being abused by her mother and her mother's partner and had asked Scadden to take her away from him.
Scadden and the girl spent the night together after Scadden had arrived in Nelson. He bought a return ticket for himself and a one-way ticket for the girl, under a false name, but was arrested after he and the girl checked in for their flight to Auckland.
- NZPA
