A victim is questioning the justice system after the
prominent man who touched her indecently was discharged
without conviction and granted permanent name suppression in
the Dunedin District Court.
Her husband, speaking on behalf of his wife, later expressed
relief the matter was over ''but it is not really a win, is
''He still got away with it.''
The decision to grant the man name suppression angered the
couple, who asked ''what does the word justice mean?''
The victim could barely say the name of the man when he
earlier pleaded guilty to an indecency charge.
''I don't like [saying his name]. He doesn't deserve a name
... He is an animal,'' she told the Otago Daily Times
''He is a dirty bastard and people should know.''
In August 2012, the man pleaded guilty in the Dunedin
District Court to a charge of performing an indecent act
intended to insult or offend a woman.
He was convicted and ordered to pay $5000 emotional harm
reparation and $1500 in counselling costs.
More than a year later, his lawyer argued in the Court of
Appeal in Wellington that his client, in a bid to avoid a
public trial, pleaded guilty on the understanding he would be
offered diversion or a discharge without conviction.
The advice, from his previous lawyer, that the Crown would
not oppose the sentence options, however, was incorrect.
The matter was sent back to Dunedin.
After several delays, the case was heard yesterday.
The victim had previously told the ODT publication of
the man's name ''might give me some satisfaction''.
She said the man had struck up a friendship with her husband,
and when she met him she found him ''mature, interesting,
quite knowledgeable and [he] spoke nicely''.
Over a three-year period, he visited their home half a dozen
times, but always with someone else.
On the day of the incident, she was about to leave to do some
shopping with her daughter, she said.
While her daughter went to get the mail from the end of the
long drive, the man followed her inside and ''he just grabbed
hold of me from behind'', she said.
''He was tall and towered over me. I said: 'What the hell are
''And he said: 'But you are so lovely'. It was horrible. His
hands were all over me,'' the woman said.
''He kept pushing his tongue in my mouth, pulling my head
back and sticking his tongue down into my mouth and I was
trying to push him off.
''His hands were all around my back, his hands down the back
of my knickers.''
He confessed he had always liked her.
''I was totally shocked. It took me by surprise. But I wasn't
scared because I knew my daughter was about.
''I was trying to push him off and he took my hand and put it
on his what's-it and he said to me: 'This is what you are
doing to me'.
''I pulled my hand off and said: 'Leave ... just go!''
Her husband then arrived home, and the men started chatting.
She elected not to say anything to her husband about the
incident in case he ''overreacted''.
She made a cup of tea and then went to do the shopping, but
as she said goodbye to her husband, her assailant stood
behind him indicating ''a filthy mouth thing, indicating
''I just felt sick and walked out of the house.''
She later told her husband of the incident, and he sent the
man an email with the subject line ''Mauling my wife'',
warning him to stay away.
The following day the man rang wanting to speak to her, but
never rang back.
During an interview with police, the police said they wanted
her to return his call.
She was left alone to make the conversation and ''I was
scared his wife was going to answer''.
The man asked her how she was doing and she replied: ''Not
very good actually ... I feel dirty, I feel sick and feel
very upset about your visit'', she said.
''He said: 'What visit?'
''I said: 'You know when you came around and did what you
did. Why did you do what you did?'
''He said: 'I fancied you so much'.
''And I said: 'You have no right to do that; you have no
right to touch me like that'.
''He said: 'Your husband sent me an email threatening me and
I was going to email him back because I thought he might be a
''And I said: ;You think?'
''He said: ;Why are you upset?'
''I said: ;Because what you did isn't normal'.
''So this hasn't happened to you before,'' he said, before he
began talking about a family member.
Asked how the case had affected her, she said all she wanted
She said she had never received an apology, and before the
trial had received a letter offering $5000.
''There is no remorse there; absolutely no remorse