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Home / New Zealand

Sex was consensual, says accused rapist

Beck Vass
By Beck Vass
29 Jun, 2007 05:00 PM3 mins to read

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Roger Kahui. Photo / Brett Phibbs

Roger Kahui. Photo / Brett Phibbs

KEY POINTS:

The jury hearing the High Court trial of an Auckland man accused of a 4 1/2-hour sex attack on a Pukekohe woman is to begin deliberations on Monday.

The accused, Roger Kahui, says he went to the woman's home, intent on stealing money to support his P habit.

He said the pair ended up having sex but that it was consensual.

Kahui, who was expected to take the stand yesterday, chose not to give evidence.

He is facing 26 charges, including sexual violation, indecent assault and kidnapping.

Wearing navy blue jeans and a black jacket, he sat through proceedings with his elbows resting on his knees and his head or chin resting on his hands.

His waist-length, curly dark hair was tied back in a ponytail and he fiddled with his tattooed fingers, avoiding eye contact, looking down for most of the morning.

In summing up the case, Crown prosecutor Steve Haszard told the jury of seven men and five women they would have to consider several things.

The prosecution had to prove that Kahui and the woman had a sexual connection, that the sexual connection occurred without the woman's complete consent and that Kahui did not believe, on reasonable grounds, the woman had consented. Mr Haszard said Kahui's defence of going randomly to the woman's home for a robbery was "absolute nonsense".

The woman's house was 45 properties from where he had been drinking at his brother's house and Kahui later told the woman he had seen her before and thought she looked "sexy", Mr Haszard said.

He also asked the jury why, if Kahui was going into the home for a robbery, he needed to take five beers with him and why he constantly checked the windows and doors.

Mr Haszard questioned why Kahui told the victim to take showers and tried to remove evidence that he had been in the home if sex between the pair had been consensual.

Kahui's lawyer Shane Cassidy asked the jury to be "dispassionate" and look at the evidence without feeling sympathy.

"Please stand back and look at it clinically ... look at what's been charged, see whether the evidence comes up to standard."

He said each of the 26 charges were individual trials and each needed to be considered separately.

Mr Cassidy asked the jury to consider that Kahui reasonably believed, even if it was in a "perverted" way, that the woman consented.

"I suggest in a funny and strange sort of a way, he actually believed that she was consenting," he said.

The trial resumes on Monday.

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