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Rape of an 18 year old woman in Point Chevalier, Auckland in December 1986
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.
none known
Born 1964
unknown
Awaiting info on sentence
Background
From NZ Herald story 22nd October 1987
A 23 year old man was yesterday found guilty in the High court at Auckland of raping a woman in the men’s toilets at Coyle Park, Point Chevalier, last December. A jury of six men and six women took less than an hour to find Joseph Manu Nai, freezing worker, of Kingsland, guilty of sexual violation by rape. Nai was remanded in custody to November 4 for sentence. Mr Justice Sinclair told the jury in his summing up to consider carefully the evidence given by the complainant. "If you have any doubts about the girl then the crown case must crumble because it depends on your acceptance of her," he said. The 18 year old complainant could not remember all the events of the evening as she had been drinking heavily.
The crown had alleged that the woman had gone to Coyle Park with three men on the evening of December 5 last year. When the defendant was alone with the woman he dragged her by the wrist into the toilets and raped her on the floor near the urinal. He later demanded she perform oral sex on him. When police searched the toilet they found the woman’s panties lying in the urinal. Mr Justice Sinclair said the jury should confine its attention to the rape complaint and not other alleged sexual activity involving the complainant. A previous witness, Sitiveni Taufu, nicknamed Poko, claimed he had sexual intercourse with the complainant on Pt Chevalier beach earlier that evening. However, the complainant had not been directly asked about the incident to confirm or deny it had occurred.
Traces of seminal fluid were found on the woman’s shirt and trousers but none was found on her panties. "Are these findings consistent with intercourse only with Poko or of more recent intercourse with this accused?" Mr Justice Sinclair asked the jury. Mr Justice Sinclair reminded the jury that police had found a large quantity of used toilet paper in a cubical of the men’s toilet after receiving the rape complaint. The woman said she used the paper to wipe herself. Mr Justice Sinclair said such an action would appear to be a natural reaction after an episode such as the woman described. "That evidence may help you a lot coming to your conclusion and deciding on the girl’s reliability" he said. The judge told the jury to remember what sort of toilet the woman was found in and whether she was likely to have gone in there willingly. The defence counsel, Mr Paul Trehey, had argued that the woman initially consented to have sexual intercourse but changed her mind when the defendant demanded oral sex. He also said the complainant remembered only selective details helpful to the crown case
Any further information on this offender would be greatly appreciated.