April 27, 2010

Fugitive admits 2001 Christchurch rape

After nine years on the run, Andrew James Swan has admitted a Christchurch rape committed in 2001.

Swan, now 47, pleaded guilty in the High Court at Christchurch today, admitting that he sexually violated a woman who had collapsed after drinking bourbon and smoking cannabis that he gave her.

He absconded after his depositions hearing on the rape charge in 2001, and it is believed he remained in New Zealand under a false identity until he was caught at a routine traffic stop on the Hutt Motorway a few months ago.

Justice Lester Chisholm has now remanded Swan, a joiner, in custody for sentencing on May 26. He asked for a pre-sentence report and a victim impact report to be prepared.

The rape occurred in February 2001 when Swan and the victim were both attending a house warming party.

The woman bought a 12-pack of Woodstock bourbon and coke to drink and share.

During the evening she walked with Swan to a service station to buy food, while he bought soft drink. On the way, she talked about how she had never tried cannabis.

Back at the party, he gave her cannabis which she smoked, and she continued drinking the pre-mixed bourbon cans.

She then vomited and collapsed on her way to the toilet and lay in her own vomit until her sister and friends found her.

Swan carried her to a bedroom and she was put to bed, but she got up soon after and collapsed in the kitchen. Swan carried her to bed again.

The woman?s sister checked on her and found her asleep, and left the door ajar so she could keep checking on her. Soon after, she noticed the door was shut and went to investigate.

The sister found Swan under the covers with the woman. He explained he was trying to warm her up. The sister returned to the lounge but left the bedroom door open.

Swan then undressed the woman and removed his own clothing.

The crown said: ?The complainant was stoned and drunk and was unable to understand or realise what was happening to her.?

Swan then had sex with her. When the sister saw the door was closed again, she went into the room and saw Swan having sex with the woman.

Swan claimed to the police that the woman had undressed both of them and indicated she was ?keen? to have sex.

He also claimed she had pretended to be unconscious when her sister came into the room.

James Rapley appeared for Swan. Pip Currie appeared for the crown.