Wrong name called out in passion lands man in strife

File photo / NZ Herald

A Wainuiomata man who allegedly cried out the name of another woman in the height of sexual passion with his partner is on trial in the High Court of Wellington on two charges of sexual violation and three of assault.

But the complainant, in the witness stand for most of today, gave a contradictory version to the one she told police in a video interview taped within days of the events.

The 30-year-old man, a sickness beneficiary and father of the woman's children, has denied rape, unlawful sexual connection, choking, punching and slapping, and using a boot as a weapon against his now ex-partner.

The couple had been close since their teens but did not live together permanently. He sometimes stayed at her house, Justice Jillian Mallon and a jury of eight men and four women were told.

In detailed evidence, the complainant - who has automatic name suppression - said the pair was at a Saturday night party early last year.

She told Crown prosecutor Jo Murdoch that she had drunk a large glass of whiskey, numerous cans of bourbon and coke pre-mixed drinks - "I would say 20 to 25" - over about six hours.

Under cross-examination by defence lawyer Steve Gill later in the day, she readily agreed that was followed up by drinking whiskey straight from the bottle - all on top of taking cannabis and several painkillers for a sore wrist.

Early on the Sunday morning she and the accused started arguing about him dancing with another girl, the complainant said.

Not wanting to cause a fuss at the party she went to a next door park from where she yelled abuse at him.

"I wanted him to hear me and I wanted everyone else to hear me over the music. Then I thought it was pretty stupid and I stopped and went back."

She found the man sitting on some steps crying and said: "Let's go home babe."

When they finally got to her place about 7am, the witness said they were both happy and agreed to have sex, which she described to the court in some detail.

But then the man called out another woman's name - "the one that was at the party" - and she got angry.

While she was hitting, punching and kicking him, the accused wrapped her hair around one of his hands and pulled her hands behind her head, telling her to "cut it out".

While she was still "nutting off at him" he slapped her face hard several times before leaving the house, she said.

The complainant suffered a black eye and a split lip.

She said she went looking for the man and, when she returned home, found him asleep in the lounge.

The woman said she sat staring at him for about 45 minutes and wanted to harm him by cutting off his hands with an axe "so he would never touch me again".

On the Monday morning the couple argued and fought again at length and the accused eventually left.

The complainant admitted telling relatives that he had raped and assaulted her but she was reluctant to do anything about it. Her mother and aunt eventually took her to the police station and she made a tearful statement on video in which she outlined rough, painful sex while she was crying and saying no.

"After he finished, he spat in my face."

Some days later, the complainant said, she admitted to her family and friends that she had lied about the sex being non-consensual and the assaults. She had also gone to a lawyer to have her statement amended.

"I was angry because he (the accused) had said that other girl's name. I am the jealous type," the witness said when asked why she changed her story.

She denied having talked to the man to get their versions of events straight.

"I am telling youse the truth."

The trial resumes tomorrow.

- NZPA