Juror issues hamper BOP sex trial

An entertainment figure is charged with sex crimes but name suppression remained during his trial in Rotorua. Photo: Stuff.

The trial for the entertainment industry figure facing a raft of sex charges has been adjourned again after the failure to find 12 people to sit on the jury.

Justice Layne​ Harvey said 400 people had been summonsed to attend the High Court in Rotorua for jury selection, 'and less than half of that turned up”.

The trial, set for six weeks, was meant to commence on Monday but has been dogged by delays as, despite three attempts, it has been impossible to find 12 jurors.

The man faces a total of 25 charges, including rape, indecent assault, sexual violation by unlawful sexual connection, assault with intent to commit sexual violation, attempted sexual violation, indecent assault and attempting to pervert justice.

He also faces drug and burglary charges, with the alleged offending spanning almost a decade.

Some of the alleged offences have a maximum penalty of 20 years imprisonment.

Crown prosecutor Anna Pollett​ began her opening to the jury on Monday – later abandoned – telling them they would hear 'explicit matters of a sexual nature” as the trial unfolded.

She also said in relation to the man's standing in the entertainment sector that it 'gave him the entitlement to act in a way he wished against various women, whether or not they wanted it... he was addicted to sex, he told some”.

Some of the alleged offending involved the use of drugs, Pollett said, which 'had the effect of lessening the inhibitions of some and influencing things in his favour”.

According to the Crown Charge Notice, one incident in 2019, saw him allegedly commit sexual violation by rape after 'putting the unknown drug (white powder) into her mouth”.

The man's lawyer, Ron Mansfield KC, will make submissions on Friday for continued name suppression ahead of a decision next Monday.

Another attempt to empanel a jury will commence this morning.

-Benn Bathgate/Stuff.

4 comments

Judge trial

Posted on 18-05-2023 10:08 | By fair game

It's about time we followed the rest of the world and went to a judge only trial. Jurors are hardly a fair representation of society as those who have to actually work - teachers, doctors, nurses, emergency services etc are excused. Lots of retirees, and those on benefits don't represent society. For big cases employ 3 judges. Would certainly clear a backlog of juror trials. Why would you want to be a juror - miss out on wages that pay your mortgage and food, no parking, and listening to what low lifes have done to others. No thanks.


@fair game

Posted on 18-05-2023 11:09 | By morepork

"It’s about time we followed the rest of the world and went to a judge only trial." No, it isn't. Jury duty IS difficult (I sat on 2 of them (and chaired one) before requesting to be excused from further duty), but it IS a duty. All of us have a right to be judged by our peers and as such, it is the duty of citizens to accept the "inconvenience" if called upon, at least once in our lives. Jurors are paid and no-one had their mortgage foreclosed because they served on a jury. The backlog is an administrative problem and can be solved by having multiple courts running in parallel. It IS stressful and inconvenient, but one day you may be glad that 12 people accept that inconvenience, so YOU can have a fair deal. Why would you expect all the privileges, and not contribute?


Some good points by fair game.

Posted on 18-05-2023 11:37 | By morepork

I disagree with "fair game"s conclusions but I recognize the points he/she raised. Our justice system is currently failing us and needs review and overhaul. We have far too many "wet bus ticket" sentences, imposed by Judges, (which system "fair game" advocates), with increasing crime and high recidivism. There is lack of attention to victims, and a lack of consistency in Judge-decided sentences. "fair game" is right that most people prefer not to do Jury duty. We seem to be raising a generation who are perfectly happy to accept all the privileges of living in a free society, but are reluctant to contribute to it, if it means some inconvenience. The concept of civic responsibility, in fact, ANY kind of responsibility... respect, and duty, are terms that are becoming increasingly ignored and unpopular, yet stable societies are founded on these values. 10-year-old ram raiders result from ignoring them.


Beg to differ...

Posted on 18-05-2023 12:12 | By fair game

I defaulted on 2 mortgage payments due to being a juror!!!! No assistance whatsoever, also had to borrow money for food for the family. I think the days of it being considered a DUTY are well and truly over when people are just struggling to live. Next time during selection I'm just going to say what others said about bias... that gets you off for sure. Can't afford to miss any more mortgage payments!


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