Rape appeal sparks anger

A man who insisted on representing himself in a rape trial, subjecting his victim to two days of rigorous cross-examination, has been given leave to appeal his conviction and sentence in the Supreme Court.

The Sensible Sentencing Trust has dubbed the decision a mockery and Rape Crisis has said the victim is being re-victimised.

Jason John Cumming was convicted by a jury on November 14, 2002, following a high-profile rape trial in Christchurch, in which he represented himself and subjected his victim to two days of cross-examination.

It was alleged that between October 15 and 28, 2001, Cumming developed a paranoiac concern about his 17-year-old girlfriend having sex with other men. He kept her locked inside, forced her to remain in his presence and made extensive sexual demands, which she complied with out of fear.

She said that at night he chained her to him with padlocked chains around her ankles, assaulted her with nunchaku - a martial arts weapon - and tried to poke her eye out with a toothbrush.

Cumming refused a lawyer for his trial, electing to represent himself. While psychiatric reports said he displayed features of a severe personality disorder with antisocial narcissistic and paranoid features, he was determined fit to plead and defend himself.

He was convicted and sentenced to preventive detention with a non-parole period of 7 1/2 years.

Cumming appealed his conviction and sentence with the help of lawyer Robert Lithgow in the Court of Appeal in November last year.

The appeal was dismissed, the court deciding Cumming had been fit to plead and defend himself at trial. However, the Supreme Court has now agreed to hear his case.

Sensible Sentencing Trust spokesman Garth McVicar said the case made a mockery of the justice system. "He was found guilty and now he's getting another chance, it's just flabbergasting."

Mr McVicar said Cumming knew his rights and chose to defend himself. His conviction and sentencing should be the end of the matter.

"His victim will be left asking 'Will he? Won't he? Am I going to be put through all of that again?"'

Rape Crisis director Dr Kim McGregor said the case was re-victimising the victim.

She said it was Cumming's choice to represent himself and he was deemed fit to make that decision.

The Supreme Court will have to decide if a miscarriage of justice had occurred because Cumming defended himself.

A date has yet to be set for the hearing.