Defence opens in rape trial

Press, 17 July 1986, Page 4

Defence opens in rape trial

The evidence of the principal Crown witness, a girl, aged 14, was so confused, conflicting and contradictory that it could not be relied upon, Mr E. Bedo told the jury in the High Court yesterday afternoon.

Mr Bedo, who appears for Terry Paul Taituha, aged 23, unemployed, has denied separate charges of rape, sexual violation by rape and sodomy on the girl.

The Crown cases concluded yesterday and counsel for all four accused told Mr Justice Williamson that the accused would not be giving or calling evidence. Today the other three defence counsel will address the jury and then his Honour will sum up.

Cedric Matthew Paul Hapakuku, aged 22, a labourer, denied alternative charges of raping and sexually violating the girl by raping her and one of attempted rape.

Tikitu Te Poona, aged 24, a labourer, denies a charge of attempted rape. Joseph Hohepa Chase, aged 18, unemployed, denies alternative charges of attempted rape and attempting to sexually violate the girl by attempting to rape her. Mr B. M. Stanaway appears for the Crown; Messrs M. J. Knowles and J. W. Appleby for Hapakuku; Mr A. M. Mclntosh for Te Poona; Mr S. C. Barker for Chase; and Mr Bedo for Taituha.

The Crown alleges that the four accused, who are members of the Mongrel Mob, committed the offences in a van while it was travelling round Christchurch. Mr Bedo said that the girl had told so many different stories that it was impossible to tell what had actually happened. Her evidence was crucial to the Crown case and it was so full of discrepancies that Taituha had to be acquitted on all

charges. In addition to the three statements she had made to the police, all of which contained conflicting accounts of the events, she had given sworn evidence on oath which was at variance with her written statements. She had then turned round and gave different versions under cross-examination.

All her evidence had to be treated with the utmost caution and suspicion. It was so far from proof beyond reasonable doubt that guilty verdicts could not be entered. The conflicts in the girl’s testimony were so great and numerous that they completely undermined the Crown’s case. In a dark van with a T shirt over her face she would be unable to recognise who had raped her. Her identification of Taituha was so unreliable and dubious that it could not possibly substantiate the charges, Mr Bedo said.