Viagra spike claim fails to excite jury

A Canterbury businessman accused of spiking a real estate saleswoman's meal with Viagra, and then trying to seduce her, has been acquitted by a Christchurch District Court jury.

The man, in his 50s, mouthed "thank you" as not-guilty verdicts were returned on charges of poisoning with intent and indecent assault arising from a lunch in his historic Mid-Canterbury homestead in 2003.

He then faced a battle to prevent his name being published, despite the acquittal, as Judge Phil Moran said the public had a right to know of those before the courts even if they were cleared of the charges.

Jonathan Eaton, defending, persuaded the judge the damage that would be caused to the man's business interests, which included company directorships and joint ventures, justified his name being permanently suppressed.

The saleswoman, aged in her early 20s, said she went to the homestead to discuss a development, and the businessman gave her a microwaved TV dinner of spaghetti bolognese and a glass of wine.

She said she saw pill fragments in the meal and noticed a foul taste before beginning to feel strange and out of control. While in that state, she said, the businessman lured her to the master bedroom to discuss improvements to the multimillion-dollar property, then grabbed her and tried to kiss her, despite her resistance.

He then acted as if nothing had happened, and they went to another location to discuss real estate deals.

He drove her back to Christchurch, where she raised the alarm with police.

Detectives went to the homestead that night and found the meal, complete with fragments of Viagra.

The jury heard from pharmacology professor Evan Begg, who said that at the time of the alleged incident, internet tales of Viagra's benefits on female libido were at their peak, although they had since been comprehensively discounted.

Prosecutor Craig Ruane described the theory as an "urban myth".

The businessman did not give or call evidence.

Mr Eaton put to the saleswoman that she had planted the Viagra in her spaghetti out of spite when the businessman failed to offer her a sole agency listing. She denied the claim.

Mr Eaton contended that the saleswoman had lied in her inconsistent accounts of what happened. In any event, he said, the amount of Viagra was so minuscule that it could not be proved beyond reasonable doubt to have been harmful or noxious.

The judge told jury members that to convict, they had to find that the businessman had acted unlawfully and not just immorally.

If they were not sure, they had a duty to acquit.

- NZPA