KEY POINTS:
A rape victim who was grilled for hours in court by her alleged attacker, prompting public outrage, may have to face him in court again after the man's convictions were set aside.
But the woman, who was 16 when allegedly abducted and raped in 2001, is determined to
see the case through, police say.
Jason John Cumming successfully appealed to the Supreme Court after claiming there was a miscarriage of justice when he represented himself at his trial in 2002.
He questioned his alleged victim in court until she collapsed and needed medical treatment.
The Supreme Court found that Cumming was severely mentally disordered when defending himself and therefore should be given a new High Court trial.
Detective Senior Sergeant John Rae said Cumming's alleged victim was "disappointed by the whole business" of the Supreme Court decision but determined to carry on. "She's had a tremendously traumatic time. It shows a real strength of character."
The woman said Cumming had forced her to stay naked at his Riccarton flat, sexually violated her repeatedly, chained her, beat her, and burned her with a cigarette. She escaped while they were out driving.
Victims' rights campaigners spoke out after the 2002 trial about the woman's treatment in court, and the law has now been changed to stop victims being questioned by defendants in cases of sexual offending.
The Supreme Court said that when the jurors realised Cumming was not being deliberately humorous in the way he ran his defence, they became "greatly troubled", prompting them to send a note to the judge that read: "Sir, how come this is a fair trial? At least some of us are seriously troubled to be asked to make decisions from such a lop-sided presentation, especially given the high stakes."
Summing up, the judge responded to the note, telling the jurors that Cumming had the right to defend himself, that he had lawyers acting for him earlier and they must decide the case on the evidence.
The jury found Cumming guilty of rape, sexual violation, abduction for sex, assault with a weapon and two of assaulting a female. He was given preventive detention and a minimum non-parole period of 7 1/2 years.
Mr Rae said police would now be discussing with Crown prosecutors what steps to take next in relation to Cumming.
- NZPA
