18-year-old DNA sample helps convict inmate of rape

An 18-year-old DNA sample has convicted habitual sex offender Kevin Moana Jarden of rape, sexual violation and burglary.

A jury of six men and six women found Jarden guilty yesterday after a two-day trial in the Christchurch District Court.

Some jury members appeared relieved when Judge David Saunders told them Jarden was a prisoner serving a sentence of preventive detention for other sex crimes.

The jury heard that a DNA sample from a Christchurch rape in 1988 was frozen for 12 years before advancing technology enabled scientists to extract a profile.

From a blood sample taken from Jarden, scientists concluded that the rape scene DNA was nine million million times more likely to be his than any other unrelated New Zealand male's.

Jarden, 60, denied charges of rape, sexual violation with his fingers and burglary of a suburban Riccarton student flat where three women lived in December 1988.

"DNA is not cast iron," defence counsel Simon Shamy said in his closing address for Jarden, who elected neither to give evidence nor call witnesses.

Mr Shamy said the sperm sample taken from the rape victim in 1988 was noticed to contain sperm, but samples of Jarden's semen tested in 1987 showed no sperm present.

DNA could be rebutted by external evidence, Mr Shamy said, and pointed to inconsistencies between the attacker the woman described in her dark bedroom, and Jarden's appearance at the time.

Jarden was shorter than she described, did not have long hair, and was of average build rather than having a solid build with a pot belly.

He pointed to another woman's statement from elsewhere in Riccarton a night later when she saw a taller man trying her door during the night.

At the very least, there was a reasonable doubt and Jarden should be acquitted, Mr Shamy said.

The Crown case was that scientific evidence from the DNA analysis "provided extremely strong support for the proposition that it was Jarden" who raped the 20-year-old woman in her bed.

Crown prosecutor Jane Farish warned the jury to be wary of "puffs of smoke" from the defence.

She suggested the jury would have no difficulty in accepting the integrity of the DNA evidence provided by the Crown's scientific witnesses.

Judge Saunders said a sentence of imprisonment would clearly be imposed.

While the complainant now appeared to be a well-adjusted woman some 18 years after the attack, he would still seek a victim impact statement before sentencing.

He remanded Jarden in custody for sentencing on October 12.

- NZPA