Once at her house, the defendant tried to come inside but the complainant said no given she had a teen babysitter inside and needed to relieve her.
The complainant told the jury earlier this week she went inside, put a key out for her sister and a short time later was shocked to find the defendant inside her home claiming he wanted to go to the bathroom. She told the jury she assumed the defendant had found the key and let himself in.
With the babysitter in the lounge, the woman showed the defendant where the bathroom was but once inside he closed the door behind them, lifted up her dress, ripped her underwear down and tried to force himself on her.
The complainant said she got the defendant off her and he left - taking the key with him. A few hours later she woke to find him on top of her in bed and he tried to rape her. She said she only got free when she sent text messages alerting friends she needed help.
The babysitter on that night gave evidence today saying she remembered the woman coming home. She called her mother to come and get her and continued watching television while sitting on the couch in the lounge.
Sometime later, she remembered seeing the man walk into the house. She said she could not remember how long after the woman that was but was sure they did not walk in together.
She said she then recalled hearing the man and woman behind her in the laundry doing what she assumed were “adult things” but she did not hear specifically because the laundry door was shut.
Under cross-examination, the defendant’s lawyer, Ron Mansfield KC, asked her why she told police in 2021 during her first interview the door was open.
“Why is it different now?” Mansfield said.
He asked the babysitter where she was staying while in Rotorua for the trial and who was with her. He also asked her if she had been in contact with the Crown witness.
The babysitter told Mansfield: “I know you are trying to insinuate I have been given information” but she said that was not true.
Under re-examination from Crown Solicitor Anna Pollett, the babysitter said that given she did not hear clear voices behind her, she naturally assumed the door was shut.
She told Pollett there had been plenty of discussion with the Crown witness about nerves and worry but they had not talked about details to do with the evidence.
A male friend of the complainant also gave evidence today saying he got a phone call from the complainant in the early hours of the morning and she was distressed and needed help.
He said he went to her house and she explained what happened with the defendant, saying she fought back and while she was struggling she was able to phone him.
The friend said the complainant told him the key that was normally under her mat was gone. For that reason, he stayed the night at her house for two nights afterwards until she felt more comfortable.
The defendant is charged with four offences relating to the final Crown complainant, including two counts of burglary, one count of assault with intent to commit sexual violation and one count of attempting to sexually violate the woman.
In total, the man has pleaded not guilty to 10 charges of indecent assault, four of sexual violation by rape, three of sexual violation by unlawful sexual connection, two of attempted sexual violation, two of burglary, one of assault with intent to commit sexual violation, one of supplying MDMA, one of supplying methamphetamine and one of wilfully attempting to pervert the course of justice.
Suppression orders prevent some details and names of others involved in the case from being reported. The trial is before Justice Layne Harvey and is in its eighth week. It was originally set down for six weeks. The defence has indicated it will call several witnesses, including the defendant.
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.
