Two teenagers have been found guilty of sexually violating a 14-year-old girl at a Burger King outlet on Auckland's North Shore earlier this year.
The jury at Auckland District Court was, however, unable to decide whether an alleged third offender, aged 20, raped and sexually violated her.
Rene
Temata, 18, and Omar Urlich, 17, were both found guilty of one charge of sexually violating the girl, now 15, in the Burger King toilet at Takapuna on February 19.
But jury of eight men and four women could not return a verdict on Michael Melville, 20, who faced two charges of rape and two of sexual violation.
Police and crown prosecutors now have to decide whether to seek a second trial for Melville.
Urlich wept soon after the verdicts were read, as did the family of Temata in the public gallery.
The jury had retired to consider their verdict about noon. They asked a question about consent before returning their verdicts about 8.45pm.
Judge Mary Beth Sharp had told jurors that the main issue was whether the complainant was so affected by alcohol that she was unable to give consent.
Crown Prosecutor Josh Shaw had argued that the complainant had been given so much wine by the three accused after meeting them at a bus stop outside Burger King that she became intoxicated.
Mr Shaw said Melville then told her to go for a walk and led her into Burger King men's cubicle, where he raped and sexually violated her.
He said Temata and Urlich sexually violated her in the same location shortly afterwards.
Counsel for all three defendants said the girl had consented to sexual activity.
Temata and Urlich will reappear at Auckland District Court for sentencing on February 8.
Judge Sharp denied Temata bail, despite arguments from his counsel that his grandmother who he was caring for was terminally ill with cancer and might die before he was sentenced.
She said she was sorry for Temata about his grandmother's circumstances but that he had breached bail before and that he had a number of prior convictions.
Urlich was granted bail.
Melville was remanded in custody to a callover at Auckland District Court on November 30.
Prosecutors and police did not wish to comment as they had to consider whether they wished to try Melville before a second jury.
- NZPA
