Man, 81, avoids rape trial due to health

An 81-year-old old man accused of historic sexual offending has avoided going to trial due to the state of his health.

Charges included rape, attempted rape and inducing an underage girl to do an indecent act.

The alleged offending occurred in the early 1980s when the girl was between seven and nine.

At a preliminary hearing in the Rotorua District Court last June the man, who has name suppression, denied the charges.

He had appeared at various pre-trial hearings since then.

Last month his lawyer, Jonathan Temm, applied for a stay of prosecution in the High Court at Rotorua on the basis of the 26-year delay in bringing the charges and his client's ill health.

The man' wife, who was his principal witness, had died recently. This was said to have caused "irreparable damage" to his defence.

Justice Rhys Harrison said that he was satisfied that the accused was in poor and deteriorating health.

"I am in no doubt whatsoever that (the man) is now physically disabled to an extent which would render it impossible for him to appear in court and face a trial on these charges," Justice Harrison said.

He said he was satisfied that the case ought to be stayed on the grounds of ill health alone.

It was, therefore, unnecessary to consider the issue of delay.

The Crown, represented by Fletcher Pilditch, did not challenge a medical report provided by the accused man's doctor into his state of health.

- NZPA