Jury’s role in gang rape trial queried

Press, 3 June 1982, Page 5

Jury’s role in gang rape trial queried

PA Auckland Defence counsel in a High Court trial at Auckland questioned whether 12 ordinary jurors were qualified to judge the actions of gang members. Mr Stanley Thorburn. representing one of five gang members charged with rape and other indecencies against a woman, aged 21. said. "In a large community like Auckland there are pockets of sub-communities. "Our system requires people to be tried by their peers." he said, in a final address. “Are you really the peers of these people?" he asked the jury. Summing up later. Mr Justice Chilwell said a similar question had been raised by Dr Martyn Finlay. Q.C.. appearing for another of the accused. Taking issue with both counsel, his Honour said. “The courts are obliged every year to try people from all walks of life, of all races, creeds, colours, and religions.” He told the jury: “You are' 12 people with wide experience. You know what goes on. There is no reason why any 12 people of the community should not try members of a particular subculture." The five accused had denied charges of rape, abduction. sodomy, indecency with an animal, attempted rape, and assault on a female. The charge of assault on a female was an alternative to the charge of attempted rape.

After deliberating for five hours the jury found each of the accused guilty of rape, sodomy, and committing an indecency with an animal. The men are William Aramoana. aged 27, a contractor, of Onehunga; John Adrian Hutchins, aged 20. unemployed, of Avondale; Stephen Kenneth Ngauma, aged 18. a labourer, of Henderson: Peter Perai Tamaiva. aged 22. a labourer of New Lynn; and Kenneth Manu Gregory Frank Toko, aged 22, unemployed. of Henderson. The jury also found Hutchins. Ngauma, Tamaiva and Toko guilty of attempted rape and abduction. ' Aramoana was acquitted on the charges of attempted rape and abduction. His Honour remanded all five in custody for sentence on lB. The woman told the Court that she was bailed up by the group at a party in Glen Eden on the night of January 27. She said she was forced into a bedroom and sexually assaulted before being abducted to a house in Henderson where rape and other indecencies took place. The defence claimed the woman was an associate of gangs and had consented to the events alleged. Mr Thorburn. for Toko, said, “We have glimpsed something of the gang subculture in this trial. Don't be scared to look critically at the complainant. Is the demure and becoming young lady we saw in Court the real person?” His Honour told the jury

that the Evidence Act, 1977. restrained a court from dealing with the complainant’s sexual reputation arid experience. Reviewing the Crown case, ■he said Toko and Ngauma were alleged to be principal offenders in the charges of abduction, attempted rape, and rape. Tamaiva was also said to be a principal offender in the rape. Toko was accused of performing the alleged sodomy and Ngauma, the indecency involving a dog. But all the accused could be parties to all the offences if the jury was satisfied that they formed a common intention to abuse the girl sexually and knew that each offence was a probable consequence. Dr Finlay appeared for Hutchins. Mr Christopher Reid for Aramoana, Mr Simon Downey for Ngauma and Mr John Gerard for Tamaiva. Mr Peter Kaye appeared for the Crown.