A police officer facing four sex charges has detailed the night he's accused of sexually violating a woman in her Auckland home in 2002.
Entrance to the High Court in Auckland Photo: justice.govt.nz
Detective inspector Kevin Burke has pleaded not guilty to two charges of sexual violation, and two charges of indecent assault, relating to two women. He's on trial at the High Court in Auckland.
The first complainant said he turned up to her house uninvited, got drunk, and aggressively performed sexual acts on her against her will.
Mr Burke was investigating an incident between her and another man at the time.
The complainant said she had only spoken to him in a professional capacity once before he arrived at her house unannounced and uninvited with beer. It was over a week after they'd last spoken.
Under examination today from defence lawyer Arthur Fairley, Mr Burke said he did not turn up unannounced - he was invited to her house for dinner that evening.
She said she had a spare room, and to bring some drinks, Mr Burke said.
He said the two had already caught up for coffee and she'd given him her address previously.
Mr Burke said they had dinner and talked for the evening, and headed off to bed about 1am.
"She showed me where my room was. I get changed, use the bathroom, brush my teeth, and climb into bed ... a short time later [the complainant] comes to the door - she was just wearing a t-shirt - takes off her t-shirt and climbs into bed, then we engaged in some sexual activity."
He said he couldn't recall the details of that, but denies using any force.
"Totally incorrect. That just did not happen at all. I'd been invited around there, we'd spent the whole evening talking, we'd had dinner, I'd gone to bed when I realised the time, and she came and hopped into bed."
He said she stayed in the bed with him, both fell asleep, and he had a shower in the morning and left for work.
Mr Burke said they stayed in touch for about two months afterwards, and occasionally caught up, including possibly for dinner at a central suburb restaurant.
The complainant said the sexual activity was not consensual and that she did not invite him around.
Later that year, in July 2002, Mr Burke met the second complainant in his role as an officer, because he was investigating a crime against her.
She said Mr Burke also visited her at her home a number of times over the next few months, in one event turning up with pizza and wine, and paperwork to talk about the case.
The prosecution said on two occasions he rubbed himself against her sexually - once until he was shivering and shaking - and on another performed oral sex on her, all against her will.
"I have had no sexual contact at all, at any time, with [the complainant]," Mr Burke said.
He accepted they contacted each other but said it was only in the context of work.
Mr Burke said it would have been "utter madness for him to go to her house because she was an associate of known, violent offenders".
He told his defence lawyer Mr Fairley the accusations were totally incorrect.
The trial is before Justice Sarah Katz and a jury, and will continue next week.
