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Craig McEldowney
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Sexual violation by rape of and unlawful sexual connection (x2) with a 14 year old Auckland girl in Rakaia in January 2004
.
.
none known
Born 1982
Prison
Sentenced to eight years in July 2006
Unsuccessfully appealed the convictions March 2007
Parole declined February 2009
Was due for a hearing February 2010
Background
From Taranaki Daily News story July 28th 2006
AN Inglewood man who refused to accept responsibility for the rape of a 14-year-old girl was sentenced to eight years' jail when he appeared in the New Plymouth District Court yesterday.
Craig Kevin McEldowney (23) was last month found guilty by a jury of three charges of sexual violation, one by rape. The teenage victim gave evidence at the trial that she had got drunk at a party and was sick. The next thing she remembered was waking up in a strange bed. She said McEldowney came into the room, violated and then raped her, and that she recognised him by his voice and by his tattoos.
Yesterday, Crown prosecutor Justin Marinovich asked for a prison sentence of up to 9 years six months. Defence counsel Barry Henderson argued that was too long. His client denied involvement in the rape and condemned any sexual attack on any female.
Despite the denials, McEldowney held no animosity towards the victim, Mr Henderson said. In a letter to the judge, McEldowney said he had been shocked and devastated by the jury's verdict. He sat passively in the dock, sobbing on occasions, as Judge Louis Bidois talked about the impact the rape had on the victim. The teenager had lost the will to live, had attempted suicide and found giving evidence in court extremely traumatic.
Judge Bidois said a starting point for the rape was 8 years six months. He took six months off the sentence because references given to the court stated McEldowney was a devoted father of two young daughters.
From Taranaki Daily News story June 29th 2006
A JURY has found an Inglewood man guilty of raping a schoolgirl. Late last night, the jury returned to the New Plymouth District Court and found Craig Kevin McEldowney (23) guilty of all charges. He had denied three charges of sexual violation, one by rape. The victim was 14 at the time.
During yesterday's summing up, Crown prosecutor Justin Marinovich said McEldowney had assaulted and raped the victim, despite being told to stop. Mr Marinovich told the jury they could be sure McEldowney caused the girl a lot of pain and hurt. "Because he raped her. She repeatedly told him to stop and he didn't," he said. He said the victim had been a truthful and reliable witness.
The Crown said the January 14, 2004 attacks happened while the victim, who was from Auckland, was visiting family in Rakaia, south- west of Christchurch. The teenager, who gave evidence on the first day of the trial on Monday, said she got drunk at a party and was sick. The next thing she remembered was waking up in a strange bed.
She said McEldowney came into the room, violated and then raped her, and that she recognised him by his voice and by his tattoos. "The victim says she is 100% sure that she stayed in that bed and the accused violated her," Mr Marinovich said.
Defence counsel Barry Henderson said yesterday that when McEldowney arrived home that night and found the girl in his bed, he asked her to move to the couch. He said while something might have happened to the girl that night, it did not involve the accused. "Where is the proof? The standard of proof is beyond a reasonable doubt." There were inconsistencies in much of the Crown's evidence, he said. McEldowney was remanded in custody to July 27 for sentencing.
From Taranaki Daily News story June 27th 2006
A TEENAGER told the New Plymouth District Court how she felt scared and confused after waking up to find a man touching her between her legs. "I was frozen for a while and then I said stop," the girl told Crown prosecutor Justin Marinovich.
Craig Kevin McEldowney (23) is on trial before Judge Louis Bidois and a jury of six men and six women facing three charges of sexual violation, one by rape. McEldowney denies the charges, which the Crown alleges happened on January 14, 2004 in Rakaia, 59km south-west of Christchurch.
The trial is expected to last three days and 13 prosecution witnesses are to be called. The victim, who was 14 at the time of the attacks, gave evidence from behind a screen and at times could clearly be heard crying. The girl, who lived in Auckland, was on holiday visiting her sister and two half-sisters in the South Island when the attack happened. She had gone to spend the night with one of her half sisters, someone she didn't keep in contact with. They were having a party at that house. Her sisters had bought her alcohol and made her drink it, she said.
She was sick and having trouble standing and then the next thing she remembered was waking up in a strange bed. "I just remember he was touching me. In between my legs." The girl identified the man as McEldowney, who she said then put his head between her legs. "I kept saying stop and I didn't like it."
She said she was still fading in and out of consciousness and when she next came to, the man was on top of her, having sex with her. "It hurt a lot, so I was saying stop it hurts and get off me. I was crying. It was painful," she said.
Under cross-examination by defence counsel, Barry Henderson the girl said she had only met McEldowney that night. She was positive it was him in the bed with her. "I could recognise his voice. I am not going to say I could see him clearly but I could see him."
Mr Henderson asked the girl if McEldowney had asked her to leave his room and go and sleep on the couch when he got home. "No, that is not the case."
Earlier, Mr Marinovich told the court the girl had got herself quite drunk at the party and was taken home by Sam Smaller, who had got his sister Kristine Smaller to give her a shower and clean her up after she had vomited all over herself.
They put the girl to bed in McEldowney's room because they didn't think he was coming home that night. A police doctor would give evidence the girl had suffered an injury to her genitals, he said.
Mr Henderson said something had obviously happened to the teenager that night, but his client was not responsible. He said McEldowney had arrived home from the party to find the girl in his bed and asked her to move out on to the couch. There was no inappropriate touching, Mr Henderson said.
From the Daily News May 17th 2000
RACIAL taunts and outstanding fines of $4000 earned Craig Kevin McEldowney (17)six months' periodic detention. McEldowney, who was charged with disorderly behaviour,was in Currie St on May 13 with 20 other intoxicated males when he started shouting abuse, said Mr Murray. Judge Fitzgerald said there was no excuse for his appalling behaviour, and reminded McEldowney he still had $2000 in fines to pay.
