The accused officer, who has interim name suppression, is on trial in the Auckland District Court. Photo / File
The accused officer, who has interim name suppression, is on trial in the Auckland District Court. Photo / File
A policewoman has denied an accusation she cheated on her partner and made a false rape claim against a colleague following a night of regret.
The woman, who has permanent name suppression, was cross-examined for a second day during the trial of a cop charged with indecently assaulting and sexual violating her at a Kerikeri motel.
The accused officer, who has interim name suppression, was arrested after allegations emerged from the night of February 4 last year and early hours of the next day as police were deployed to help patrol Waitangi Day events at the Treaty Grounds.
Defence lawyer Paul Borich QC continued to question the complainant todayabout her recollection of events and has claimed any sexual contact between the pair was consensual.
He also told the Auckland District Court jury that it was a "pre-arranged hook-up" between his client and the alleged victim.
Borich suggested the complainant was awake and said "it's about time" when his client entered her bedroom just after 2.30am.
After some time, the Queen's counsel said, the complainant "started to think this wasn't such a good idea".
She was asked if she went into "full detective mode, full police mode" to collate evidence and corroborate a false accusation, including recording part of the interaction on her cellphone.
"You had a choice to be a cheater, squad rule breaker, or a rape victim and you chose the latter," Borich said.
The complainant has strenuously refuted the defence's claims and described them as "absolutely atrocious".
"I woke up and he was f**king me," she said. "I was fast asleep."
A false complaint, she said, would create more problems for herself than telling the truth.
"I have told the truth, I've told the truth from the beginning and that is the truth," she said.
An incident also occurred earlier in the night when the pair were together in one of the motel units, where the policewoman alleges her workmate first indecently assaulted her.
"Almost immediately he has tried it on and closed the door," she explained.
"I had one hand up across my face so he could not kiss me and one hand holding his wrist."
The complainant has said she didn't notify the other police officers at the motel of the first alleged assault because she didn't want to make a scene.
"I just told him to pull his head in … and left it at that," she said.
CCTV footage from the night, which has been played to the court, has shown lewd behaviour by several officers, including a senior sergeant stripping and exposing himself in front of the beer-drinking group.
A drinking game was also played by the officers where they chugged beers out of a hollowed-out police baton.
Paul Borich QC is defending the accused police officer. Photo / Doug Sherring
The complainant conceded today that the group's behaviour was likely a poor look for police.
"Probably, if you're putting a spotlight on it, but it's not for me [to comment for police]," she said, when asked by Borich if she regretted her own behaviour.
"I do not regret it, I own my decision and I own my decisions that night," she said.
But, she continued, watching the CCTV of the night was "a bit cringey".
The jury has also watched CCTV of the accused policeman "creeping" across the motel courtyard and into his alleged victim's bedroom.
He can be seen walking across the motel courtyard at 2.34am and slowly opening the door to the complainant's room.
The complainant has told the court she "absolutely did not" hear him enter as she slept.
"He's creeping and it's f**king disgusting," the female officer said.
"First thing I knew was when I woke up to pain," she continued.
"I was being told to be quiet by [the defendant]."
The accused officer has been stood down from police and a separate employment investigation will be conducted, Auckland's Detective Superintendent Dave Lynch has said.
