SUPREME COURT Jury finds man guilty on joint rape charge

Press, Volume CXIV, Issue 33452, 6 February 1974, Page 8

SUPREME COURT Jury finds man guilty on joint rape charge

After a retirement ol half an hour, a jury in the Supreme Court yesterday found Ivan Tony Miller, aged 23, a factory labourer, guilty on a .joint charge of rape of a pregnant married woman, aged 23. in Hagley Park near Christchurch Hospital tn the early hours of October 13. Mr Justice Macarthur remanded Miller in custody to February 15 for sentence. Robin John Wilson, aged IS. a factory labourer, pleaded guilty on indictment to a joint charge of rape of the same woman on October 13. and was remanded in custody to February 15 for sentence. Messrs E. J. Somers Q.C.. and G. E. Langham appeared for the Crown, and Mr M. J. Glue for Miller, who pleaded not guilty. Mr Somers said that the Crown had no evidence that Miller had intercourse with the woman, but it was alleged that Miller had actively assisted a youth in raping the woman, and thereby was guilty of rape himself. Evidence was given that Wilson and Miller went to the pictures on October 12, and then rode around Christchurch on a motor-cycle. They saw’ a woman, who was walking home from a social in Riccarton Avenue. Wilson said that he was going to have intercourse with the woman, and asked Miller to help him. Miller refused, and Wat-

son said that if Miller did not assist him he would inform the police, as he knew that Miller had been in trouble before. The woman, whose name (was suppressed, said that as she approached the hospital she saw what she thought was a couple in the trees on the other side of the railing. She kept walking, and then heard footsteps behind her. She saw a shadow’ and then realised that she was being followed. The person following her. Wilson, asked her for the time and then grabbed her around the neck. She struggled and fought, trying to knee him in the groin. Miller arrived on the scene. Wilson said that he wanted her to come into the bushes with them, and she screamed. The woman said that she was carried and dragged for some distance into the park by the two men. Her light shoe broke during the struggle. Evidence was given by the woman that Wilson had threatened to use a knife, and that Miller had gagged her with her head scarf, and had held her shoulders. Wilson had intercourse. She had stopped struggling after feeling a pain in her side; she Was afraid for her unborn

baby, and was frightened of the knife. Miller had said "No” when asked by Wilson if he wished to have intercourse with the woman. Wilson asked her if she I had any money m her hand (bag. and she said "No." a! though there was. She grab (bed her handbag and held i' tightly. Wilson said that if she did not give him the money he would kick her it the teeth, take away all her (clothes, or have intercourse with her again. She said that she did not care, because sin knew he could not do it on his own. Miller had walked away. After she managed to get (free, she ran to the out patients' department at the Christchurch Hospital tor ; help. I The accused gave evidence and a psychiatrist called b' 'the defence said that Miller was mentally subnormal, and had spent ' some time in Sunny side Hospital. He was more susceptible to sugges tion than the average person In his final address to the jury. Mr Glue submitted that Miller’s actions had been , those of a frightened pcisoi ’under the. dominance of a (stronger personality, and that (the Crown had failed to prove ns case.