He entered the babysitter’s room about 3am, picked her up out of bed and held her against a wall as he touched her body under her clothing and tried to sexually violate her. He stopped when someone entered the room.
Justice Layne Harvey sentenced the man to 12 months’ home detention on November 10, 2023, calling his actions “unjustified” and “unacceptable”.
The victim told the Rotorua Daily Post this week the offending had left her “deeply scarred” and she feared for other women if his name was not made public.
Crown Solicitor Anna Pollett said she could not comment on the delay. The man’s lawyer, Ron Mansfield, KC, was also approached for comment.
The Court of Appeal was asked why there was a delay and if it was unusual. A spokeswoman said it could not comment on a matter still to be determined.
The jury found the man not guilty of three other charges relating to the victim, and 20 serious sexual and drug-related charges laid by police relating to eight other women.
The appeal arguments
Mansfield said at last year’s appeal hearing the man’s name should remain suppressed because lifting suppression would unleash a social media attack likened to “Trump on steroids”.
Mansfield told Justices Rebecca Ellis, Mathew Downs and Mary Peters the man had already been attacked online.
Mansfield submitted suppression would protect him from an anticipated “campaign” involving misinformation from a particular group online unhappy with the court’s outcome.
He described those who posted information on social media as being like “Trump on steroids”.
“They don’t care about the truth.”
Mansfield said it was unlike mainstream media, which had a governing body to hear complaints. Outlets could be subject to defamation proceedings if they got something wrong.
“There’s nothing in the social media space at all and there’s nothing an individual can do if they are targeted in this way, as he will be.”
He said it would cause personal and financial damage.
“In my submission, the only response that can be identified would be permanent suppression to at least in part provide some protection.”
Pollett told the hearing other actions could be, and had been, taken against online commenters.
She said one man was charged with breaching suppression orders relating to this case and was fined $1500 and ordered to do 100 hours of community work.
Pollett outlined other actions available to people abused online. These included making a complaint under the Harmful Digital Communications Act so “take-down orders” relating to the damaging content could be made.
She said the process was publicly available on the Ministry of Justice’s website and did not require a lawyer. People could also seek action and support through Netsafe.
The man also appealed his sentence, and four other parties appealed suppression matters. The judges dismissed the sentence appeal soon after the hearing but have not released decisions on the suppression matters.
Victim’s views
The victim said the man’s offending had “shattered” her trust and personal boundaries, impacting her relationships, particularly with men.
“The assault has left me deeply scarred, affecting me physically, emotionally, and psychologically.”
She described the emotional pain as “relentless”, leading to sleepless nights, nightmares, and an “overwhelming fear” of being alone or in vulnerable situations.
“My ability to trust others, especially middle-age men, has been severely damaged, making it difficult to form or maintain healthy relationships.”
She said there had been repercussions for her professional life.
“After reporting the incident to police, I was required to undergo a psychological evaluation – at my own expense – to be considered ‘fit’ for a job I was applying for at that time. I was angered that I was being penalised for being a victim, which was completely out of my control.”
She said she still implored the judges yet to decide on name suppression to make the man’s name public, both as justice and a deterrent against future sexual violence.
She expressed her fear for other women, who will remain unaware of the man’s convictions unless he is named.
She had previously said she found the court process more traumatic than the crime itself.
Sexual harm
Where to get help:
If it’s an emergency and you feel that you or someone else is at risk, call 111.
If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
Alternatively, contact police.
If you have been sexually assaulted, remember it’s not your fault.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
