KEY POINTS:
A man who outraged victims' rights advocates with his day-long cross-examination of his rape victim could receive a new trial.
The long-running appeal by Jason John Cumming, of Christchurch, was finally heard in the Supreme Court yesterday, The Dominion Post reported.
It was adjourned part-way through in October 2006 when Chief Justice Sian Elias decided to enlist a neutral third party to decide whether more evidence was required.
Cumming claimed there had been a miscarriage of justice during his High Court trial in November 2002 because he defended himself.
During the trial he spent hours questioning the victim, who collapsed at the end and needed medical treatment.
The woman, aged 16 at the time of the abduction in October 2001, said Cumming had forced her to stay naked at his Riccarton flat, sexually violated her repeatedly, chained her, beat her, and burned her with a cigarette. She escaped while they were out driving.
Cumming was found guilty of rape, sexual violation, abduction for sex, assault with a weapon and two of assaulting a female.
He was given preventive detention and a minimum non-parole period of 7-1/2 years.
Having fallen out with four lawyers earlier in the case, Cumming represented himself at the nine-day trial.
Yesterday, his lawyer, Robert Lithgow, said the convictions should be quashed and the case sent back to the High Court for a retrial.
A medical opinion now indicating Cumming was under a disability at the time of the trial was relevant to there being a miscarriage of justice, Mr Lithgow said.
Cumming had paranoid delusions, an intellectual disability, attention deficit disorder and was not on medication during the trial.
Justice Andrew Tipping said the law had changed since the trial and Cumming could no longer personally cross-examine the victim.
Crown lawyer John Pike said the Court of Appeal decision to dismiss Cumming's earlier appeal was carefully considered.
Cumming did not lack understanding, Mr Pike said.
The Supreme Court reserved its decision.
- NZPA
