October 09, 2012

Woman tells of being 'terrorised'

By David Clarkson

A woman alleges she was tied up and terrorised for most of one night by an ex-partner who punched her and threatened to kill her disabled son and her 17-month-old granddaughter if she tried to escape.

The 44-year-old man admits burgling the house and tying up the woman, but he says he did it because he was an emotional wreck and he wanted to prevent her trying to thwart his plan to commit suicide.

The man also denies the Crown allegation that he forced the woman to perform oral sex and then did an indecent act by masturbating upon the dressing gown she was wearing.

The man?s four-day trial began before Judge Gary MacAskill and a Christchurch District Court jury today. He has pleaded guilty to charges of burglary and unlawfully detaining the woman, but denies assaulting her, threatening to kill the children, sexual violation, and doing an indecent act.

Crown prosecutor Karyn South told the jury that the woman had expected to die that night, when the intruder spent hours controlling and manipulating her.

She said the two had ended a relationship months before and the man had screwed a trespass notice up and thrown back at the woman when she gave it to him. He threatened to ?come around sometime when you least expect it and slit your throat?.

She found him in her house about 1.30am on March 10, when she was home with her disabled and wheelchair-bound 22-year-old son, and her 17-month-old granddaughter. He dragged her out of bed and into the living room where he punched her in the head and tied her wrists with a shoe lace.

He told her: ?I?m here so you can watch me die.?

She did not try to leave because the man threatened to kill her son and grand-daughter. Because of the way he was acting, she believed the threat. The man had disconnected the phone.

She believed he was crushing pills when he was in the kitchen and making up a syringe with them.

When they talked, he told her he had lost everything because of her and blamed her for all his perceived woes. He kept indicating he would be committing suicide.

The woman kept trying to stretch things out, hoping that he would leave or daylight would arrive. She also hoped her daughter would arrive to pick up the toddler.

The woman said that about 6am the man said he wanted sex and when she refused he forced her to perform oral sex, and then masturbated onto her dressing gown. Testing showed his DNA on the garment. The Crown case was that none of the sexual activity was consensual.

When it was light, a neighbouring youth arrived to collect money for lawmowing. She mouthed an appeal for help but he did not understand her and just thought it was odd. When her daughter did arrive, the man took off and was not found at his home for two days. The Crown says he was hiding and that he had made no serious attempts at suicide.

The woman was found with abrasions where she had been tied, and the shoe lace was also found. The police also found notes the man had signed which were ?suicide letters of sorts?, South told the court.

Defence counsel Andrew McCormick said that man had been an emotional wreck that night and had gone there to commit suicide, but as they talked about their relationship he had changed his mind.

He admitted he had tied the woman?s hands for about 30min to prevent her intervening in his suicide, and now accepted that by doing that he had technically unlawfully detained her.

He said the woman had agreed to the oral sex and masturbation. The defence was that she had consented.

The man would give evidence to give a detailed explanation for his behaviour which was consistent with his innocence.

The trial is continuing.