By Mandy Te

Content warning: This story contains graphic details of and surrounding rape and sexual assault. 

The trial for a Wellington entertainer - where consent is at the heart of the case - continues. And today, the defence begins its case.

The 25-year-old man who has interim name suppression, which means he cannot publicly be named, has been accused of eight sexual offences against six complainants. 

The trial of the Wellington entertainer, who pleaded not guilty, has been going since last Monday.

Here’s what happened today at the Wellington District Court

This morning, the prosecution (the lawyers presenting the case against the defendant)called its final two witnesses - the then-boyfriend of one of the complainants and officer in charge, Detective Constable John Lyon - gave evidence. 

In the afternoon, the defence (the lawyers representing the defendant) opened their case. 

This is when the defence can call their own witnesses to give evidence. 

In this case, the defendant is the only person giving evidence for the defence.

This is what the defence said in their opening statement

Defence lawyer Sam Campbell said, it’s now the opportunity for the defendant to give his side of the story. 

The burden of proof is on the Crown right from the beginning to the very end of the trial, he said. 

The Ministry of Justice defines the burden of proof as the responsibility of proving a disputed charge or allegation, and in criminal cases (like this one), “the prosecution has this responsibility and the standard of proof that applies is beyond a reasonable doubt”.

A high burden of proof was needed to protect innocent people from being wrongly convicted, Campbell said. 

It was “especially important in a case such as this” where the defendant was facing serious charges and potentially very serious consequences, he said. 

“He’s going to explain how he met these women through these friends and how they ended up having consensual sex with them.

“You’re also going to hear how the defendant became a victim of social media and a media frenzy and campaign against other young men and himself that the defence says is ultimately based on untruth, gossip and rumour.

“All of this has spiralled out of control to such an extent we all find ourselves here today.”

The defendant accepted he had sex with the first four complainants - “the sex was consensual because these women agreed to engage,” Campbell said. 

“Just because someone has no memory of it or regrets it does not mean it wasn’t consensual.” 

Campbell also claimed the defendant had a “reasonable” belief that the complainants had consented to sex, and he did not sexually assault the last two complainants. 

“So you might be thinking can you consent to sex when drugs have been used? Yes, it still can be consensual,” the lawyer said. 

The young people involved were “regularly going to these parties. They were drinking, they were having a good time, sometimes taking drugs and some were having sex with peers,” Campbell said. 

“It’s simply a time these young people had exploring themselves and the world around them and it’s not an uncommon experience growing up.

“The reality is that people have sex while they’re drunk or on MDMA all the time. A lot of people do and the law recognises people can still consent when they have alcohol and drugs on board, and the defence says this is exactly what happened here.”  

Speaking to the jury, Campbell said: “I just ask you to put yourself in his shoes”. 

What the Wellington entertainer has been accused of 

The defendant faces four charges of sexual violation by rape, two charges of unlawful sexual violation, and two charges of indecent assault, against a total of six complainants, which allegedly took place in Wellington between 2017 and 2020.

Last Monday, in its opening address, the Crown alleged the offending took place against young women who were either asleep or affected by alcohol, and that the defendant initiated and continued sexual activity when the women were not in a position to consent.

The defence argued last Monday that for the four rape charges, the defendant accepts that sexual activity occurred but it was his belief and understanding at the time that all of them were consenting to sexual activity.

The trial was initially set for seven days and the defence case continues tomorrow. 

Top Image: The District Court in Wellington. Photo: Anna Harcourt/Re:

Correction (21/10/2022, 12.44pm): Re: News incorrectly reported details surrounding two of the charges. This has been corrected to exclude the two unlawful sexual connection charges. The line now says: "The defence argued last Monday that for the four rape charges, the defendant accepts that sexual activity occurred but it was his belief and understanding at the time that all of them were consenting to sexual activity."

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