A prominent businessman has been jailed for two years and four months after indecently assaulting three men and attempting to bribe one of them to drop his complaint.
Photo: Supplied / NZME
The men accused the businessman of indecently assaulting them at his house in 2001, 2008 and 2016.
After a four-week trial in March, the rich-lister was found guilty of three charges of indecent assault relating to three men, and two charges of attempting to dissuade a witness.
The businessman's manager along with well-known entertainer Mika X have been sentenced to home detention for their individual part in a plan to get a witness to drop his complaint.
In the High Court at Auckland today, Justice Geoffrey Venning sentenced the man to jail and gave him a first strike under the three strikes law.
The businessman was silent when this was read out.
Immediately after the sentence was handed down, the businessman's lawyer, David Jones, applied for bail pending an appeal. In a separate hearing held shortly after the sentencing, Justice Venning declined this application.
The victims
In the initial hearing, two of the men who had been assaulted gave their victim impact statements in front of a packed public gallery.
One victim said while the businessman had said during the trial he did not remember him, he would never forget the assault.
He said the Me Too movement had confronted him with the memory of it almost every day.
"Every report reminded me of those bizarre hugs, with his body pressed against mine, the look on his face when he pursued me, the shock of being pounced upon, the smell of his breath as I struggled to peel him off me, the feeling of his hand in my underpants."
He did not tell anyone about the assault for years.
"I lived with the assault alone."
He imagined the businessman would rely on his charity work to attempt to gloss over the guilty verdict.
"I don't care what else you have done. No amount of charitable work will outweigh what you did to me that night."
He said some people would think he needed to forgive the businessman in order to move on.
"However, I do not forgive you. I only hope that one day, time will allow me to forget you."
Another victim said the court room process, including the two trials he had given evidence in, had been particularly harrowing.
"I've had to put up with repeatedly being called a liar in the courtroom. I've been accused of being arrogant, angry, vengeful and weird. All I am in this case is a victim of the businessman and am holding him to account.
"I've had many sleepless nights fustrated by the lack of ownership shown by [the businessman]... more than anything else, this complete lack of understanding or apology infuriates me."
Crown prosecutor Simon Foote read out the third man's statement.
The man said he had moved to Australia as he no longer felt safe to live in New Zealand.
"This man was someone I respected and trusted... to this day I am plauged by social anxiety and trust issues. Thoroughout the [court] process I have felt more alone than ever."
Attempts to bribe a witness
The businessman's manager along with well-known entertainer Mika X have been sentenced to home detention for their individual part in a plan to get a witness to drop his complaint during a glitzy trip to Australia's Gold Coast.
Crown prosecutor Simon Foote said the attempts to get the man to drop his complaint was a "serious, cynical and ongoing plan".
"It was a consistent and determined effort to avoid trial involving multiple actors," he said.
He said there were two attempts which involved third parties, transfer of money and an overseas trip.
Meanwhile, defence laywer David Jones said the businessman was not the instigator of the Gold Coast plan.
Instead, he said Mika X was the leader of this attempt and "knew what buttons to push".
Justice Venning did not accept the man's role or culpability was less than Mika X.
He said the attempts to bribe a witness were for the rich-lister's benefit.
While he may have not known the exact details of the Gold Coast trip, the businessman knew they were travelling there to attempt the man to drop his complaint, Justice Venning said.
He said the businessman controlled the offending and used his manager to distance himself from the attempts.
"Putting it colloquially, you had others do your dirty work," Justice Venning said.
The businessman and his manager will keep their names a secret until a further order of the court.
