Rape trial: Language barriers and tales of a war-torn country shared as defendant gives evidence

The defence case began in the Dunedin District Court yesterday for a defendant accused of violating a passenger after acting as a sober driver. Photo / George Heard

WARNING: This story deals with sexual offending and may be distressing

Language barriers and tales of a war-torn country were shared with a jury yesterday when a defendant gave evidence after being accused of rape and kidnapping.

The defence case began in the Dunedin District Court yesterday for a defendant accused of violating a passenger after acting as a sober driver.

The man, who has interim name suppression, gave evidence via an interpreter.

“I am not guilty ... this is absolutely devastating,” he said.

The man moved to New Zealand in recent years and shared harrowing stories of the violence waged on his homeland with the jury of seven men and five women.

“I had only one goal when I came to New Zealand — to look after my children and to establish new friendships and be a good citizen in this country,” the defendant said.

The complainant earlier described how early on February 8, 2021, the man picked up her and a friend outside McDonald’s, after she posted on a Facebook page seeking a sober driver.

Once her friend left the vehicle, the man allegedly raped her in the back seat, strangling her and pinning her down with his arm.

The defendant vehemently denied the allegations and spoke of the profound shame such an act would bring on his family.

“This never happened. I’m a gentle man.

“In [my] religion this constitutes a crime. If the man has committed adultery the punishment would be to be stoned to death. If the man was not married he would be lashed 100 times.”

Anne Stevens KC spoke of the difficulty the man faced being on trial in New Zealand, unable to speak the common tongue.

“We have a shared context and culture when we speak to each other in a common language,” she said.

Language proved to be an important factor of the trial.

The woman’s police interview provided phrases the man had allegedly spoken before and during the alleged assault.

The man is accused of telling the woman: “You are gorgeous ... You are beautiful ... Get in the back of the car or I will hurt you.”

When these words were put to him without an interpreter, the man said he did not know these words and had only learned the word “beautiful” very recently.

He had sought steady employment but had struggled due to his limited English.

He worked mainly Friday and Saturday nights and it was not unusual for passengers to avoid paying the informal fare.

Crown prosecutor Pip Norman asked if he found ferrying around drunk passengers annoying, after the man said his car had been damaged when giving some men a ride.

“Sure it’s annoying ... but some of them are kind,” the man said.

The defence case continues on Monday, when the jury is expected to hear closing arguments.