Lawyer argues in court that threesome was consensual

ACCUSED: Michael Williams Galvin (left) and Keith Issac Cook have pleaded not guilty to sexually violating and indecently assaulting a woman in a Unimog.PHOTO/STUART MUNRO 071014WCSMTRIAL3

A defence lawyer for one of two men accused of intimidating a woman into a threesome at Waiouru Army base is arguing the sexual activity was consensual, and the complainant simply regretted it afterwards and didn't want her ex-partner to find out.

The trial began on Monday for Michael Williams Galvin and Keith Issac Cook, who each pleaded not guilty to three charges of sexual violation and three of indecent assault after the alleged offending in a Unimog on October 5, 2012.

Following questions by Galvin's defence Chris Tennet, the complainant agreed there had been talk of her and her ex-partner getting back together after splitting earlier that year. They had an infant child together.

The ex-partner was the complainant's first point of contact after the alleged offending, and Mr Tennet said the ex-partner called the complainant "more than once" throughout the night after the police were called.

"He said to the police, that he thought you were getting back together," Mr Tennet said.

They are now back together.

Cook's lawyer, Roger Crowley, said Waiouru was a small town where gossip spread like wildfire. "One would need to be careful to protect one's reputation ... It would be important for you to ensure that [her ex-partner] didn't find out what you got up to," Mr Crowley said.

His cross-examination of the complainant focused on her lack of resistance to anything that was done, as well as the amount of alcohol drunk during the night and that the complainant's memory of some things during the night was inaccurate.

"You weren't forced to do anything in the Unimog violently or roughly or firmly," he said.

"Your actions in complying with what you thought was going on without any force or roughness could well have led these men to believe you were consenting."

The complainant disagreed, saying "not when you're saying no and saying you want to go".

Mr Crowley questioned why the complainant, despite finding the men "creepy", continued to walk with them into an unpopulated area of the camp instead of going back, using her cellphone, calling for help, or running away.

He said the complainant got into the Unimog of her own volition, to which she agreed.

However, she said it was fear that kept her from doing anything. "There's two guys in front of you, you're scared, you don't know what they're going to do if you try and stop them, if you try and get away. It doesn't matter if they're not violent," she said.

"How am I to know it's not going to get violent if I did try to fight back?"

Mr Crowley said there was no hint of force or violence at any point of the night, though the complainant maintained she had continuously said no and that she wanted to go home.

"I put it to you that you knew exactly what was going on. Had a big night out, plenty to drink. Walking with these guys, everything's good, they're kissing. There's holding hands. You jump in on your own volition, sexual contact takes place. It stops, you sober up and regret it like thousands of people have done in the past.

"You're worried about the rumour mill in Waiouru. You're worried about it spreading like wildfire that you had a threesome in a Unimog with two soldiers. You're worried about it getting back to [your ex-partner]. What's the best way to quash that? By saying 'I didn't consent'."

Crown prosecutor Megan Jaquiery asked the complainant why she called her ex-partner before her mother or sister.

"We had been together for a while, we'd been through bad stuff together," the complainant replied. "At the time I just felt comfortable calling him."

She said she didn't want to call her mother and wake her at that time of night and didn't want her father finding out and trying to "fix it himself".

The trial will continue until tomorrow or Friday.