Rotorua rapist Lee Josey on the run in Australia as sentencing approaches

Victims of a convicted rapist on the run in Australia will be wondering “when will it all end” if he is a “no-show” at his sentencing next week, their supporter Louise Nicholas says.

Lee Josey was on bail when he skipped the country in November. The 44-year-old convicted of raping two teenage girls is due for sentencing in Rotorua District Court on Monday, but police believe he is still overseas.

Josey, a former truck driver based in the Bay of Plenty, was charged in 2020 and denied nine counts of sexual offending, but Covid-19 pandemic impacts delayed his trial to January 22 this year.

In October last year, he successfully applied for a passport and left New Zealand for Australia the next month.

When he then failed to show up for his trial, a judge took the unusual step of allowing it to go ahead in Josey’s absence.

The jury found him guilty and he was convicted on all nine sexual offending charges he faced relating to two victims on different occasions.

A police spokesperson confirmed this week a warrant for his arrest remained active and it was understood he was still in Australia.

Police had said previously they were working with Australian authorities to extradite him to New Zealand.

If found, he would be arrested when he returned to New Zealand.

Victims’ rights campaigner Louise Nicholas speaks out

Nicholas, a Rotorua woman who works to support victims of sexual abuse, said she supported the two women who gave evidence during Josey’s trial in January.

Nicholas told the Rotorua Daily Post it would be sad for all those involved if Josey was not found and brought to justice.

“They have spoken their truth and guilty verdicts were returned on all charges, so for them, they will be wondering, ‘When will it all end?’

Louise Nicholas is an advocate for victims. Photo / Michael Craig

“Now he’s run off to Australia and might be a no-show, and that’s very hard for them, very hard.”

Nicholas said Josey had been found guilty on serious charges - multiple rapes of two women. One charge of rape carried a maximum jail term of 20 years.

She said she hoped for the sake of the victims all was being done to bring him back to court on Monday.

“We have sentencing next week and we still don’t have the offender.”

What Lee Josey did

Josey was convicted of rape, two counts of indecent assault and committing an indecent act against one victim, as well as four counts of rape and one of committing sexual violation by unlawful sexual connection against the other victim.

Court documents supplied to the Rotorua Daily Post showed Josey had been drinking at a property and asked the victim to go for a walk. He put his arms around her in a hug and started to kiss her. She told him to stop but he continued and raped her.

She eventually managed to get free and went back to the property.

A few months later, he saw the teen again and indecently assaulted her by hugging her. He rubbed her arm and kissed her hand. She tried to stop him many times. She punched him and swore at him and he eventually stopped.

On another occasion, the teen saw Josey doing an indecent act. When he saw her, he said: “It’s a good thing you are here.”

The five charges relating to the second complainant involved Josey sexually violating the girl once and raping her four times.

During this time, he offered her drugs and alcohol, which she refused. She accepted alcohol once and only drank two cans, the police summary of facts said.

Police took DNA swabs after the girl made a complaint and they were matched to Josey.

Josey told police he did not have any sexual contact with the teen.

Missed opportunities

The Rotorua Daily Post revealed in February there were missed opportunities to potentially stop Josey from getting a passport and skipping the country.

Department services and access general manager Adrian Jarvis said then the Passport Act 1992 generally provided that a passport must be issued to every New Zealand citizen who applies for one unless an exception applies.

Jarvis said in February that a section of the Act allowed a passport application to be refused if the applicant was on bail.

Lee Josey was to stand trial for rape when he skipped New Zealand for Australia. Photo / Alex Burton

The Department of Internal Affairs is notified of any court orders and an alert is put on the person’s record preventing a passport from being issued.

Jarvis said there was no court order in place when Josey’s passport was issued. An alert has since been applied.

Jarvis said, speaking generally, applicants had to confirm they had read the section regarding bail and declare they were “… not subject to any of the matters listed in that section, that there is no court order, sentence, or other condition that may prevent the issue of a passport to me …”

Jarvis said it was an offence to provide false and misleading information on a passport application, carrying a maximum penalty of five years’ jail, a fine up to $15,000, or both if convicted.

Police confirmed in February Josey wasn’t assessed as unlikely to leave the country and acknowledged in this instance, preventative measures could have been implemented to assist in keeping him from leaving the country.

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.