Leading entertainment figure trial: Officer in charge questioned by defence lawyer over investigation procedures

A leading figure in the New Zealand entertainment industry is on trial in the High Court at Rotorua. Photo / Andrew Warner

The officer in charge of the rape and sexual assault case of a leading entertainment figure has been asked why he did not have complainants’ phones seized and searched like he did the defendant’s.

Detective Sergeant Darryn Gab took the stand today in the trial in the High Court at Rotorua relating to a man who is facing 25 rape, sexual assault and drug-related charges following allegations from nine women.

The man, who has interim name suppression until at least the end of the trial, is accused of giving illicit drugs to some of the women before offending against them sexually. The Crown says he used his position in the entertainment industry to get what he wanted from the women.

The defence says that while the married defendant admitted taking drugs and having sex with other women, this was the nature of the industry and the case was a “MeToo fest”.

Under cross-examination by the defendant’s lawyer, Ron Mansfield, KC, Gabb was asked why the phones of the complainants were not seized and searched for communications around the time of their complaint as well as communications with the defendant and between complainants themselves.

Gabb said that was not usual practice unless police believed there was a reason to do so. He said also that given the historic nature of most of the complaints, police believed it was possible those communications would no longer exist.

Mansfield also asked Gabb why initial contact with some of the complainants wasn’t documented in notebook entries, job sheets or statements. He asked Gabb, as a senior police officer, if he would direct his junior staff to follow such practice, which Gabb said he would. Gabb admitted that on some occasions relating to some of the Crown witnesses, he did not follow that practice for a variety of reasons.

Gabb said earlier under questioning by Crown solicitor Anna Pollett that about 10 officers arrived at the man’s home and conducted a search warrant after a woman came forward and made a statement to police about an alleged sexual assault.

During the search, the defendant told police he wanted to talk to his lawyer but said his lawyer’s phone number was on his mobile phone.

Gabb said the defendant had “hidden” his phone in his bedroom and police officers needed to find it for him. The phone was found between his bed’s headboard and mattress.

Gabb gave the jury a run-through of how the nine women came to be complainants. He said that after police received their initial complaint, inquiries led to different people, which in turn led police inquiries to other people.

In total, 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.

Suppression orders prevent some details and names of others involved in the case from being reported. The trial is before Justice Layne Harvey and today marks the end of its eighth week. It was originally set down for six weeks.

The defence has indicated it will call several witnesses, including the defendant, which is expected to start on Monday.

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.