Forced intercourse alleged and fear of being killed

Press, 10 July 1987, Page 10

Forced intercourse alleged and fear of being killed

A girl, now aged 15, said in the High Court yesterday that she had had sexual intercourse with Whetu Wharetakahia Hiki in a bedroom at his flat on March 17 because she did not want him to kill her.

She told of later escaping from the flat by climbing naked out of a window, throwing out her jeans and T-shirt before her. Outside, she dressed behind a fence, ran to an intersection where a car was stopped, got in and asked to be driven away quickly. She then told the occupants she had been raped. The girl, who was aged 14 at the time, was giving evidence at Hiki’s trial before Mr Justice Tipping and a jury on alternative charges of sexually violating the complainant by raping her, and having sexual intercourse with a girl aged over 12 and under 16. The trial will continue today. Mr C. A. McVeigh appears for the Crown and Mr M. J. Knowles for Hiki, who has pleaded not guilty to both charges. The girl gave evidence of having called at Hiki’s flat on March 17. A friend of hers was shifting out

some possessions. While Hiki and her friend were away shifting some possessions she remained at the flat because a stereo unit was outside. Hiki returned alone and left briefly to buy food and drink. He poured her a drink of rum and coke on his return. They listened to music. She then went into the bedroom where Hiki had switched on the television set.

He poured her a second drink. She did not want it because it was stronger than the first. She told him she had to go home. Hiki told her to finish her drink. She had another sip and said she had to go to the kitchen for a tea towel as she had spilt her drink.

The complainant told the Court she had not intended getting a tea towel but to leave the flat, however, Hiki went with her to the kitchen and back. She then told him she had to go but he grabbed her, laid her back on the bed, and kissed her. She struggled but was held down. When she tried to sit up he slapped her face “more than once.”

She was crying and felt scared. Callers then knocked at the door. Hiki did not answer at first and then answered, after telling her to stay in the bedroom. She waited a few seconds and then went towards the door to try to

attract their attention. The door was open a little and Hiki poked his head out. She saw a person standing outside. The girl said she did not try to push past Hiki. She was too scared. Hiki told the people to return later. He pushed her back into the bedroom and slapped her again, and told her to stop crying. He hit her again and told her to take off her clothes.

She did so and Hiki removed his clothes and intercourse occurred. She said she did not want this but did it because she had to. She did not want him to kill her.

After this, she asked when she could leave and he said “something about tomorrow.” Hiki went to the kitchen to make a sandwich. She opened a window, threw her jeans and T-shirt outside, and climbed out. She ran from the property, put her clothes on, and ran to a car which was stopped at traffic lights. She opened the rear door and got in, telling the two occupants to “get out of here quick.” They drove off with her and she told them she had been raped. They stopped at the Fitzgerald Arms Tavern, where she had asked to be taken. There she telephoned a friend, told her she had been raped, and the police were called and came to

the tavern to see her. The girl said she left her underclothing and boots behind in the flat. Hiki had asked her that evening how old she was and she had said she was 14. He had not asked if he could have intercourse with her. Cross-examined, the girl said she had first met Hiki through her friend. She said that on the Friday and Saturday before the alleged offence she had gone to hotels with a group including her friend and Hiki and had had drinks. She had then stayed overnight at the flat with her friend. She had not gone to school on the Monday or Tuesday (the day of the alleged offence.)

The girl agreed that the stereo had been moved from the kitchen into the bedroom and she was quite happy to listen to it while sitting on Hiki’s bed. She said she did not spill the drink on the bed. This had been an excuse to try to leave the flat and go home. Hiki had forced her to have intercourse and kissed her against her will while holding her down. The girl said she did not call for help when the callers were at the door as she believed Hiki would have hurt her and would have told them there was nothing wrong with her. She was scared. She tried to attract their attention.