KEY POINTS:
A man who subjected an Auckland woman to a terrifying four-and-a-half-hour ordeal in her home is appealing against his conviction and sentence.
Police labelled Roger Tira Kahui a "filthy savage" following the attack and said when he was sentenced a year ago that he should never be set
free.
He is serving a sentence of preventive detention with a minimum non-parole period of 16 years after being found guilty of 26 charges, including rape and kidnapping.
The Pukekohe woman was beaten and raped after Kahui tricked his way into her home in July 2006. He then handcuffed her and drove her to an A" to withdraw money.
Kahui told the Court of Appeal yesterday that 19 of his charges should be thrown out because they were not adequately proven during his trial.
"There was no DNA evidence," he said.
Swabs taken from the woman had not been properly tested and a police officer misled the jury when he said they all had been tested by scientists from the Institute of Environmental Science and Research (ESR), he said.
Kahui claimed the sexual contact between the two had been consensual.
The other charges on appeal concern threats he made against the woman while he was driving her to the A" machine.
"There was only one [threat to kill]. At no other time did I make any threats against her. There were no threats in the car."
Kahui also alleged police had altered video statements that were shown to the jury during the trial.
He is also appealing against his sentence.
Justice Ellen France asked him what sentence he thought was appropriate and he replied 13 years would have made a good starting point.
Matt Downs, representing the Crown, told the court Kahui's claims could not be supported by evidence and that he lacked credibility. He said he would need to review a copy of the entire ESR file before he could respond to Kahui's appeal.
Mr Downs said much of the evidence presented at trial was "formal admission" from Kahui that placed him inside the woman's home.
The Crown has until December 15 to view the ESR file and file its submissions before a written decision will be issued.
Outside court, the woman's brother said his family hoped this appeal would be the final time she had to think of Kahui.
The man said Kahui was just playing the court system and would do whatever he thought he could get away with. The woman did not enjoy being back in the same room as him because of the memories it brought back but was determined to get past it.
She appreciated the help she had received. "The police did an absolutely fantastic job."
Another family member said her being in court to listen to the appeal showed she was a survivor and not a victim.