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A defence lawyer has produced a photograph he contends shows the Mt Maunganui police pack rape victim at a Crowded House concert she has flatly denied attending.
Philip Morgan, QC, was cross-examining the woman in the High Court at Auckland yesterday where two men are on trial for attempting to pervert the course of justice in relation to the rape case. Former policemen Brad Shipton and Bob Schollum and businessman Peter McNamara were convicted of the 1988 rape and abduction at a trial two years ago.
Warren Hales was granted a retrial by the Court of Appeal, but changed his plea to guilty of abduction and police dropped the rape charge.
Now Rene Gaustad Mangnus and Paul Grayden Turney are accused of providing a false affidavit in support of Hales' appeal.
The Crown alleges the affidavit was produced after Hales and McNamara based their appeals on new information that Hales knew the woman and she had approached him in a friendly manner at a Crowded House concert in 1989.
Hales had said the woman approached him at the concert and "ran her hand up my back and bum".
The woman, who has name suppression, yesterday told the trial she never went to a Crowded House concert at Mt Maunganui.
But Mr Morgan produced the photograph yesterday and asked: "Is that not you?"
The woman replied: "No, it is not".
Mr Morgan asked if she would like a magnifying glass, but the woman again denied it would be her. Mr Morgan told her two witnesses would testify that the woman in the photograph was her.
The woman said: "I have never attended a Crowded House concert, I have never hugged Mr Hales, I have certainly never grabbed his bottom ... I restate, hand on heart, that I did not attend a Crowded House concert."
Earlier, the woman told the court the rape traumatised her then and still did 18 years later. She did not complain at the time because "how could you go to the police and tell them you've just been raped by the police".
She felt intimidated by Shipton and "weary" of the other men. Shipton and Schollum would turn up at her place of work while they were on duty and Shipton twice arrived uninvited at the motel where she was staying.
The woman said she did her best to avoid the men following the rape. "In no way did I approach these men in a friendly way again.
"I had as little to do with them as possible."