On the second day of a trial involving a wealthy businessman, one witness described being left shaken, claiming the man thrust his hands down his pants, and grabbed his genitals.
Entrance to the High Court in Auckland Photo: justice.govt.nz
The New Zealand businessman denies indecently assaulting three men on separate occasions in the early 2000s, 2008 and 2016, and making two attempts to dissuade a witness.
Another man on trial also denies trying to dissuade a witness.
Both men have name suppression in the jury trial that began yesterday in the High Court in Auckland, with Justice Geoffrey Venning presiding.
One witness today said he went to the businessman's house in the early 2000s to discuss a charity deal but unexpectedly found he was the only guest.
After dinner, the businessman asked him if he wanted to cuddle.
The man said when he declined the offer he was asked, "What's wrong with a cuddle? We'll just lie on the bed, you know, on the top of the bed and have a cuddle," he was told.
The man said he responded by saying "no".
"It's not just a cuddle, cuddles go somewhere," he said.
The man said he was then grabbed by the businessman, again being asked to cuddle.
He said he felt really uncomfortable and unsafe, and decided to leave.
When the man left the house, the complainant said he offered to shake the businessman's hand.
He told the court that the businessman then thrust his hands down his pants, grabbing on to his genitals while the man tried to wrestle free.
"His hand was hard, he was just grabbing," he said.
The complainant said it hurt and he was left "shocked" and "very shaken".
He told the court he did not tell anyone what happened for many years.
"Part of me was processing it. Part of me was embarrassed that I'd managed to get myself into this situation where I was alone in a house and got attacked. Perhaps embarrassed that I hadn't fought hard enough," he said.
He said he did not want to appear weak for getting into that position.
In December 2018, he said the memories of the alleged assault came flooding back during the MeToo movement.
"This is the first time I'd really thought about it for years," he said.
Later, in 2019, the man read a news article detailing a sexual assault trial involving a well-known businessman and was "sure" it was his alleged assaulter.
The 2019 trial was aborted for reasons which remain suppressed.
These events ultimately led him to go to the police with his complaint.
"I had to, I just felt I needed to," he said.
"This is literally my MeToo movement," the man said.
However, the businessman's lawyer David Jones QC told the jury they needed to keep an open mind, and asked them to question if the witness's accounts were credible.
During cross examination, Jones then accused the complainant of fabricating his story.
"You are making this into a fantastical story from your imagination," Jones said.
"I'm not some flighty, fantastical crazy person who makes stories up," the complainant replied.
"I have a history of doing the right thing, of working hard and telling the truth," the man said.
Jones then asked the complainant if he wanted attention for the alleged event.
"No I do not," the complainant replied.
"I do not want to be here, I do not want to share what I've shared today, I have not enjoyed it," he said.
"I haven't enjoyed having to think about it, and talk about it," the man said.
He said he also felt guilt at not going to police earlier.
"If I came forward 20 years ago then perhaps they wouldn't have to go through what they went through, perhaps they be victims like me," he said of the other two complainants.
The trial before a jury of nine women and three men is expected to take five weeks.
