As a result, police did not oppose bail.
However, police say the decision was made in consultation with the victim and on the basis that strict bail conditions would be imposed to prevent further alleged offending.
Today’s explanation has been labelled “unsatisfactory” by retired University of Auckland law professor Bill Hodge.
The backpacker was allegedly picked up on Karangahape Rd early on New Year’s Day, bundled into a van, gang raped by the three men, then dropped off outside her central city accommodation.
The alleged offenders, two aged 19 and a 21-year-old, were bailed after appearing in the Auckland District Court on January 23. They are due to reappear later this month.
Hodge and sexual assault victims’ advocate Louise Nicholas have voiced strong concerns about the defendants being granted bail.
“I have three daughters,” Hodge earlier told the Herald.
“On the face of it, [the men getting bail] is disconcerting, it’s unnerving, it would make people unsettled,” he said.
Three suspects interviewed then released without charge
The Herald asked police this week whether they had opposed or supported the men’s bail applications, and on what grounds.
In a statement this afternoon, Auckland CIB Detective Senior Sergeant Kathy Bostock said police identified the suspects as “persons of interest” early in the investigation.
“These three men were interviewed. Unfortunately, at this point investigators did not have sufficient evidence to lay criminal charges.
“These men were subsequently released while the investigation team continued their work.”
The men were eventually arrested after further evidence came to light, Bostock said.
The suspects were then charged with sexual violation and put before the court.
“Given these three men had previously been interviewed and then released by police, the likelihood of them being remanded in custody was low,” Bostock said.
“In consultation with the complainant a decision was made to not submit an opposition to bail in this case, but to have very strict bail conditions imposed, which has occurred.”
Bostock said the conditions included a curfew and not travelling into Auckland’s central city area unless for court appearances.
Any bail breach would be treated seriously and “dealt with accordingly”.
‘You’ve got new evidence’
Hodge said that while he appreciated police providing transparency around their decision, in his opinion the explanation did not add up.
Once the new information came to light and police were in a position to lay charges, the situation had changed dramatically, he said.
“This is a different case. You’ve got new evidence and it must be stronger than what they had before. To me the explanation isn’t satisfying.”
Hodge thanked the Herald for pursuing the issue and putting hard questions to authorities.
Defendants’ families fear names being made public
Meanwhile, the mother of a teenager jointly charged with gang raping the tourist is defending her son, saying he is a “good man” and there has been a “misunderstanding”.
The Herald spoke to two of the men’s families on Thursday.
One man in Blockhouse Bay spoke on his parents’ doorstep with his mother and father by his side.
The court had given him a curfew of 7pm to 7am, he said. He was not working or studying. The police had also confiscated his mobile phone.
He arrived in New Zealand in 2021, he said. He confirmed his two co-defendants had immigrated from the same war-torn country.
He refused to speak about the alleged incident without his lawyer.
Another defendant was at work when the Herald visited his Northcote home. His mother said he worked as a chef at a restaurant.
She defended her son and his alleged actions, saying they believed there had been a “misunderstanding” and the incident was all “an accident”.
Both families who spoke were anxious about the men’s names being published by media, fearing the impact association with the charges would have within their tight-knit community.
The defendants are due back in court this month. If convicted, they could face up to 20 years in prison.
Lane Nichols is Deputy Head of News and a senior journalist for the New Zealand Herald with more than 20 years’ experience in the industry.
Raphael Franks is an Auckland-based reporter who covers breaking news and local stories from Tāmaki Makaurau. He joined the Herald as a Te Rito cadet in 2022.
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