Allegations of Sexual Abuse

Mt Maunganui Pack Rape Case

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This page last updated July 2 2006

2006-0209 - NZ Herald - Rape-victim's story 'not entirely believed'
NZPA - Acquittal on some charges in a pack rape trial showed the victim's story was not entirely believed and four men jailed over the 1989 incident at Mt Maunganui should be retried, the Court of Appeal was told yesterday.

2006-0209 - Dominion Post - Statements look like jack-up, says judge
Statements collected in support of the appeals of men convicted of a pack-rape had the look of a "jack-up", one of the appeal judges has said. Justice William Young said yesterday that he and the other two Appeal Court judges did not have to decide if the statements were true, but did have to consider the likelihood of them swaying a jury. "It does look like a jack-up, and there would be a real risk that that is the way a jury would see it," he said.

2006-0208 - One News - New evidence in pack rape case
The Crown has told the court of appeal that fresh evidence presented to the court in relation to the appeal against pack rape convictions, completely lacks credibility…… The new evidence from two men backs up claims by one of the accused men, Warren Hales, that the complainant was friendly to him when they met a week after the alleged rape

2006-0208 - Newstalk ZB - Crown claims collusion in pack rape appeal
The Crown has read out an e-mail exchange which it believes shows collusion between two men to produce fresh evidence in a rape case. It relates to the conviction of four men for a 1989 pack rape in Mount Maunganui

2006-0208 - Newstalk ZB - Judge's summing-up scrutinised
The judge's summation in the Mount Maunganui pack rape trial is in the spotlight again as the appeal of the four men convicted of the 1989 attack continues…..During last year's trial one witness testified the victim was quiet and withdrawn after the incident. The defence argued the witness did not see the woman until up to 16 days after the rape, during which time she had been away with her then-partner. That relationship ended soon afterwards, and lawyers believe the judge should have made clear that could be a reason for her personality change. They have also suggested her behaviour could have been because of shame or regret, if accounts of consensual sex were to be believed

2006-0208 - ODT - Suggestion led to miscarriage of justice, appeal court told
NZPA - Suggestion by Crown prosecutors that only a “slut” would consent to degrading group sex with virtual strangers contributed to a miscarriage of justice, the Court of Appeal was told yesterday……. Hales’ lawyer Greg King said yesterday his client’s trial lawyer, Rachael Adams, acted incompetently. Evidence by the victim she had told Hales “you might as well” suggested consensual sex between the pair. It was a line of defence which distanced Hales from the other three men and was not properly advanced by his counsel.

2006-0208 - Dominion Post - RapeShield.htm
A "Rape shield" was turned on four pack-rape accused and used as a sword, the lawyer for one of the men has told the Court of Appeal. In Wellington yesterday lawyer Greg King said the so-called "rape shield" was intended to protect complainants. …………. Acting for Tauranga fireman Warren Graham Hales, Mr King said the Crown had put in issue the complainant's reputation when it asked the jury to consider if she was the type of woman who would agree to group sex with comparative strangers in a hut. But the defence could not play the reputation or character card in return by bringing up information about the complainant's past, Mr King said. There was material that could have been "thrown" at the trial.

2006-0207 - NZ Herald - Pack-rape accused should be given re-trial
by Danya Levy - Four men convicted of pack-raping a woman at Mount Maunganui 17 years ago should be given a re-trial because new evidence suggested she approached one of the men in a sexual manner at a Crowded House concert after the incident, the Court of Appeal was told today

2006-0207 - Stuff - Pack-rape accused should be given re-trial, court told
Four men convicted of pack-raping a woman at Mount Maunganui 17 years ago should be given a re-trial because new evidence suggested she approached one of the men in a sexual manner at a Crowded House concert after the incident, the Court of Appeal was told today.

2006-0207 - One News - Pack rape appeal underway
The lawyers for the four convicted men told the Court of Appeal in Wellington that the rape convictions should be overturned because of the inconsistency of the verdict. They said it didn't make sense that the jury decided that the woman was lying about the use of the object, but telling the truth about everything else.

2006-0207 - Newstalk ZB - Fresh evidence in rape appeal
Defence lawyers are submitting what they claim is new evidence of a friendly meeting between one of the four men and the victim, five days after the rape. Defence lawyer Greg King claims new evidence shows Hales attended a Crowded House concert five days after the attack. He says the victim approached Hales and rubbed her hands on him. Mr King says that behaviour is radically inconsistent with claims of gang rape

2006-0207 - Newstalk ZB - Pack rape case in Appeal Court
The Court of Appeal is hearing the case of four men convicted of the pack rape of a 20-year-old woman at Mt Maunganui in the late 1980s

2006-0207 - NZ Herald - Mt Maunganui pack rape appeals to be heard today
Four men convicted last year of the pack rape of a woman at Mt Maunganui 17 years ago will have their appeals heard by the Court of Appeal today. Mt Maunganui businessman Peter McNamara, Papamoa fireman Warren Hales and two men whose identities remain suppressed were convicted in July of raping and abducting the then 20-year-old woman.