Accused rapist made apology to victim on Facebook

After allegedly being raped twice in a Dunedin walkway, a woman found the man on Facebook and demanded an apology.

And 29-year-old Nyal Heke responded: ''I'm really sorry.''

He is on trial before the Dunedin District Court after pleading not guilty to two counts of rape.

The complainant, aged in her 20s, said once she had approached police with her complaint, she came up with a plan.

''After going to the police it would've been just my word against his, so I wanted to mail him to get proof,'' she said.

The woman sent: ''Why did you continue having sex after I was begging you to stop? I'm not going to the police; 80% of the time they don't make it to court and nothing happens. I don't want to relive it, I just want to forget about it. I just want an apology from you. I know you said you were sorry after ... The least you owe me is an apology and let me know it won't happen again. Please let me know you won't do it again and it won't happen to another girl.''

Heke apologised and typed: ''I won't ever do that again. You have my word ... you are safe''

The woman said she had been out in Dunedin, drinking with a friend at Brimstone Nightclub on February 11.

Along with others they had met in town, they walked to the Exchange and people started going home.

The woman was left sitting with Heke and he asked her to go home with him, she said.

After twice declining him, she told the court from the witness box yesterday that she set off walking home.

CCTV footage showed her strolling past the casino entrance on High St while Heke was captured walking round the back of the establishment.

The pair met again near The Warehouse.

The complainant said Heke first tried to kiss her and then grabbed her after commenting on a tattoo.

She rebuffed his advances on both occasions, she said.

As the pair approached Mornington, Heke allegedly ushered her into a bush walkway.

The woman said the defendant picked her up, put her on the ground and violated her.

She stood up afterwards but Heke allegedly put her back on the stony track and repeated the act.

''I was saying please stop it, get off me, and I was crying,'' she said.

Afterwards, the complainant said Heke helped her brush foliage from her hair then handed her underwear over.

As she walked off towards Countdown, the man shouted ''I'm sorry'', she told the jury.

Defence counsel Campbell Savage said the pair had actually planned the sexual liaison as they walked up High St.

Heke would give evidence that she did not tell him to stop, did not struggle or cry, he said.

The woman denied that was the case.

Mr Savage said although his client made an apology via Facebook, there were no specific concessions about rape.

''I don't understand what else he could be apologising for,'' the woman said.

She accepted she had lied to Heke in the message and confirmed the police had not put her up to it.

''I wanted solid proof,'' she said. ''I knew he would be silly enough to say 'I'm sorry'.''

The trial, before Judge Michael Crosbie and a jury of six men and six women, is scheduled to last three days.

rob.kidd@odt.co.nz

 

Advertisement