The way a witness in a sexual violation trial was questioned in court was such a "serious departure" from correct procedure it resulted in the quashing of the accused's convictions, the Supreme Court said today.
Explaining its reasons for striking out the convictions of Maia Rongonui last November, the court
said that the way the prosecutor in the original trial refreshed the memory of a crown witness from an earlier statement she had made was a "seriously prejudicial departure".
A new trial was ordered for Rongonui, on charges of assault with intent to commit rape and sexual violation by unlawful sexual connection. But the complainant, an Australian backpacker, was not prepared to testify again and Rongonui was discharged.
The first trial was told the 17-year-old complainant was approached by Rongonui, also 17, as she walked through Christchurch after a rugby match in 2007.
The crown alleged he offered to walk her home but turned on her when she rebuffed his advances, knocking her to the ground and kicking her in the head before sexually violating her. Rongonui's defence was that sex was consensual.
He was found guilty and sentenced to four years in prison but this was increased to six years when the Court of Appeal agreed with an appeal by the Solicitor-General against the leniency of the sentence in July last year.
The matter then went to the Supreme Court, which upheld Rongonui's appeal.
The five Supreme Court judges said they all agreed that the witness was entitled to refresh her memory from a previous statement she had made to police, but that the crown prosecutor should not have been allowed to ask leading questions which involved taking her through her statement in detail.
"That went far beyond refreshing memory and, as the witness was not declared hostile, a seriously prejudicial departure from correct procedure had occurred," they said.
Last month, Rongonui, now 20, pleaded guilty in Masterton District Court to burglary and unlawfully being in an enclosed yard. The court heard that a Masterton resident found Rongonui sitting on the toilet of his house in March.
He was sentenced of 125 hours' community work.
- NZPA
\NZP
