九一星空无限

ZB ZB
Opinion
Live now
Start time
Playing for
End time
Listen live
Up next
ZB

Unregistered taxi driver not guilty of rape

Author
Open Justice,
Publish Date
Thu, 31 Aug 2023, 11:03am
Photo / 九一星空无限
Photo / 九一星空无限

Unregistered taxi driver not guilty of rape

Author
Open Justice,
Publish Date
Thu, 31 Aug 2023, 11:03am

An unregistered taxi driver has been found not guilty of kidnapping and raping a woman in his car after an eight-day jury trial.

Dunedin District Court jury members retired to consider their verdict on Tuesday morning after the man was accused of indecent assault, kidnapping, rape and two charges of sexual violation by unlawful sexual connection. It took them more than six hours to acquit him.

The man, who has interim name suppression, gave evidence via an interpreter.

鈥淚 am not guilty ... This is absolutely devastating,鈥 he said.

When the verdict was delivered in court, the man cried and kissed the male Corrections officer who stood beside him.

When initially spoken to by police, he said he did not remember the early morning drive on February 8, 2021.

When Detective Bo Seong Kim prompted his memory, he recounted how the woman was 鈥渧ery drunk鈥 and had been placing her legs on the dashboard.

The man said he touched the woman鈥檚 legs to move them away from the steering wheel.

He said the woman left the vehicle of her own volition but did not pay the informal fare before running out of sight.

In closing arguments, defence counsel Anne Stevens KC suggested the woman was 鈥渘either credible or reliable鈥 due to her flawed description of the man鈥檚 ethnicity, clothing and facial hair.

鈥淭hat has to give you pause for thought 鈥 that has to give you a doubt about her account.鈥

Judge David Robinson warned the jury there was no 鈥渘ormal鈥 way for a sexual assault victim to behave 鈥 citing the shame, shock and confusion that often arise from such crimes.

The man, who speaks limited English, allegedly told the woman: 鈥淵ou are gorgeous ... You are beautiful ... Get in the back of the car or I will hurt you.鈥

鈥淒o you really think this man would be able to, let alone want to, speak to a young New Zealand woman like that?

鈥淗e not only witnessed horrors but has gone to lengths most of us would never experience to bring safety to his wife and children, to be the pillar of his family,鈥 Stevens said.

The man moved to New Zealand to seek refuge from his war-torn country in recent years.

He said he struggled to find work due to his limited English and resorted to Facebook pages for gardening and driving jobs.

鈥淚 had only one goal when I came to New Zealand,鈥 he said.

鈥淭o look after my children and to establish new friendships and be a good citizen in this country.鈥

Last week the jury watched the woman鈥檚 police interview where she disclosed the graphic details of the alleged assault.

Things allegedly took a violent turn when the man said he needed to get something from the boot, pulling on to a grass verge as the pair drove into Mosgiel.

鈥淗e took his seatbelt off, he moved on top of me ... It was very quick.鈥

She said the man violated her repeatedly, ignoring her protests.

Crown prosecutor Pip Norman said the woman鈥檚 testimony was consistent and reliable.

鈥淚f [she] is making it up, those feelings and sensations are an award-winning performance.

鈥淲hat a sophisticated and detailed lie she鈥檚 come up with, to describe not only the acts that happened but the feelings, the visceral reactions.

鈥淭he unavoidable conclusion is one of them has lied on oath,鈥 Norman said.

Scientists from the Institute of Environmental Science and Research testified DNA that likely belonged to the man was found on the woman鈥檚 underwear 鈥 but they could not rule out that it belonged to the defendant鈥檚 father or son.

Stevens described it as a 鈥渘eutral鈥 factor and highlighted the DNA could have been skin cells transferred from the car seat.

Judge Robinson directed the jury: 鈥淭here is no simple formula I can give you on what evidence to accept ...

鈥淭he question remains the same 鈥 has the Crown proved the defendant鈥檚 guilt beyond a reasonable doubt?鈥

As the man left court, he hugged and kissed his supporters before falling at their feet.

His name remains suppressed.

SEXUAL HARM听

Where to get help:If it's an emergency and you feel that you or someone else is at risk, call 111.If you've ever experienced sexual assault or abuse and need to talk to someone, contact听听confidentially, any time 24/7:鈥 Call 0800 044 334鈥 Text 4334鈥 Email [email protected]鈥 For more info or to web chat visit听Alternatively contact your local police station -听If you have been sexually assaulted, remember it's not your fault.

Take your Radio, Podcasts and Music with you