Witness challenged about bonfire evidence
A woman at a bonfire gathering on Woodend Beach has alleged that a 16-year-old girl – who later complained of multiple rapes – kissed two of the men present and led them by the hand into the sand dunes.
The woman, Kimberley Salt, 22, gave evidence on the eighth day of the trial of five men in the High Court at Christchurch, on charges of rape, sexual violation, and being a party to sex offences.
When the trial began last week, Isaac Jason Mould, 21, from Woodend, Brook Sebastian Norris, a 22-year-old landscape gardener from Brooklands, Troy Matua James McIver, 21, a rigger from Rangiora, Ky Robert Reginald Reid, a 21-year-old logging contractor from Woodend, and Stuart Mitchell Lewis, 21, denied three charges of rape and one charge of unlawful sexual connection.
The Crown originally alleged that the woman was raped by Mould, McIver, and Norris, and Lewis sexually violated her by oral sex. The men were charged with committing the sex offences or as parties, with the Crown alleging they were present and encouraged the offending. Reid has been charged with rape and sexual violation even though the Crown does not say he committed these offences himself.
After the Crown closed its case, prosecutor Deidre Orchard asked for five of the charges to be dismissed, and Justice David Gendall granted that application. Those five charges had alleged a rape by Norris, and that the other four men were parties to the offence.
Mrs Orchard challenged Miss Salt on her evidence, suggesting that she had been told what to say by Lewis, with whom she is now in a relationship. She denied that.
She also denied that she was trying to show the complainant in a bad light “to try to help your boyfriend and his mates”.
Miss Salt said that at the bonfire, she had seen the complainant cuddling Norris. She saw the girl jump over a log, jump into Mould’s arms and begin kissing him on the neck. She then saw the girl take McIver and Norris’ hands and she “led them off into the sand dunes, like puppies”.
Defence counsel for Mould, Tony Greig said his client’s defence was that he had the girl’s consent for sex, or “at the very least had a reasonable belief that she was consenting”. The jury would have to consider whether the complainant was being truthful and accurate in her evidence.
He urged the jury to consider her behaviour after the alleged incident. It stretched credibility that rather than hating and fearing the men who had allegedly offended against her, she would remain friends and trust them enough to be drinking around them again at a later gathering.
A defence witness who was 16 years old at the time of the incident, and has automatic name suppression, told the court he had spoken to the complainant the day after the incident. He said she told him that it had not been rape, but she was saying it was rape because she was disgusted by what had happened.
He denied the Crown’s allegation that he had come along to court to give made-up evidence to help his friends, and his testimony was rubbish.
Defence evidence was completed early Thursday afternoon, and closing addresses will be heard on Friday. Justice Gendall will sum up on Monday.
Category: News
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