Ron Mansfield KC quoted lyrics by rap star Lizzo and pop star Kylie Minogue as part of his closing argument to a High Court jury.
Ron Mansfield KC quoted lyrics by rap star Lizzo and pop star Kylie Minogue as part of his closing argument to a High Court jury.
A King’s Counsel lawyer representing a leading entertainment figure on serious sexual assault and drug charges quoted lyrics by rap star Lizzo and pop star Kylie Minogue as part of his closing argument to a High Court jury.
Ron Mansfield KC wrapped up his case to the jury of nine women and three men, who will soon have the job of deciding whether the defendant, who has interim name suppression, is guilty of 25 charges relating to nine women.
This week marks the 12th since the trial began before Justice Layne Harvey.
The defendant has pleaded not guilty to 10 charges of indecent assault, four of sexual violation by rape, three of sexual violation by unlawful sexual connection, two of attempted sexual violation, two of burglary, one of assault with intent to commit sexual violation, one of supplying MDMA, one of supplying methamphetamine and one of wilfully attempting to pervert the course of justice.
It has been the defence’s argument that some of the women banded together after being “encouraged” to do so by police and others following the first sexual assault complaint from a young woman. Mansfield said it had resulted in a “MeToo fest” to bring down someone who was successful and popular.
A leading figure in the New Zealand entertainment industry is on trial in the High Court at Rotorua. Photo / Andrew Warner
To illustrate his argument, Mansfield quoted lyrics from Lizzo’s hit song, Rumours - noting it was probably the “first and last time I get to refer to the authority of Lizzo in a court”.
“All the rumours are true, yeah, what ya’ heard, that’s true, yeah, I f*** him and you, yeah, if you believe I do that,” Mansfield read to the jury.
Mansfield said it was a graphic way of putting it but when a person gets known and or gets to the top of their community, there were “haters and takers” who would say whatever they wanted about them.
“The trouble is when you get to a position in life when people think you are a success or have some influence, rumours start spreading and people want to take you down and if you’re not careful people just believe those rumours.”
Mansfield quoted more lyrics: “I love hoes on poles, yeah woo, I am body goals, yeah. This s*** from my soul, yeah. Black people made rock and roll, yeah.”
He said Lizzo’s song was pointing out she was not living a perfect life and people were judging her, similar to how people viewed the defendant.
He then took the jury through Kylie Minogue’s recent hit song Padam Padam to illustrate what goes on between two people who were attracted to each other.
“…We don’t need to use our words, wanna see what’s underneath that T-shirt… I can tell that you’re all in, ’cause I can hear your heart beatin’, padam,” Mansfield read to the jury.
He said when two people were keen, they did not enter into a contract about how they should behave or verbalise their intentions as that could be the “biggest turn-off in the room”.
“We tend to touch and feel our way through to seek if there is an interest.
“Sitting down and saying ‘these are all the things I would quite like to do with you’ doesn’t ordinarily go down that well or doesn’t ordinarily result in success. What people do is meet someone they like, they chat, there’s flirtation and then one or the other has a go… It can be a touch, it can be a kiss.”
Mansfield said it was then up to the other person to reciprocate, or not. If they didn’t, it didn’t mean it was a sexual assault.
Kylie Minogue has been promoting her recent hit song, Padam Padam. Photo / Getty Images
The Minogue lyrics were used as part of his argument about the first woman, who alleged the defendant sexually assaulted her after going into her room in the middle of the night while she was away with him, his wife and family.
It was the defendant’s evidence he kissed the woman, but in hindsight, now knew she wasn’t keen. However, it was his evidence he stopped trying when she said no.
It is the complainant’s evidence the man picked her up out of bed and pushed her against a wall where he sexually assaulted her, despite her crying and saying no several times.
“People can have a go and can show interest and be rejected and there is nothing wrong with that,” Mansfield said.
He reiterated to the jury it was a case of “sex, drugs and rock ‘n roll” and they must not look upon the defendant’s behaviour and up to 40 affairs with women as being something criminal.
He said there were laws in place to dictate when people crossed the line.
“It becomes a crime when someone makes it very firmly known ‘I am not interested’ and that person carries on anyway.”
He said the jury might think the defendant was “cocky and slightly arrogant” but he worked hard and played hard.
He said there might have been “an inflated view of his attractiveness”, but there were no threats of violence or intimidation.
Mansfield said women could be promiscuous too.
“Both sexes can get up to mischief when under the influence of drugs and alcohol.”
He said both sexes could also reinvent what happened the next day when they woke and regretted their actions.
Mansfield spent time focusing on the police investigation, saying while the Crown said the public expected the police to investigate all allegations, he said the public expected the police to conduct inquiries objectively so they could present a fair case.
He said police did not ask for any phone communications from any of the complainants to back up what they said in evidence.
“We have unearthed that in the course of this trial. Not only did they not ask for any communications between [the defendant] and themselves or between themselves and other relevant witnesses or complainants, they refused a request by the defence to do that.”
He said the trial had to be adjourned a couple of times after witnesses disclosed they had communications relevant to the trial and that evidence had to be sought.
“We had to grapple with that during this trial.”
He said complainants were “all but encouraged” not to hand over relevant material.
He said only the police could seize the phones that could have proven contact between complainants.
“Why was it left to the defence in this trial to go searching through social media to try and show connections between people… so we would know complainants had been in contact with each other?”
Mansfield’s closing is expected to continue tomorrow. Justice Harvey is expected to sum up the case on Thursday before the jury retires to consider its verdict.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
