Jurors called as witnesses in Franklin case

Three jurors have been called as witnesses after seeing an outburst by an upset rape complainant outside the Christchurch Court House before her trial was halted on Monday.

They were called to describe the incident and were questioned about whether the young woman had yelled that she had been lying as she gave evidence, or had said rape accused Nicholas James Franklin had been lying.

Lawyers, the trial judge Justice Lester Chisholm, court staff, and media cannot recall any other cases where jurors have ended up being called to give evidence.

The jurors' evidence did not agree and two were called as witnesses for the defence, and one for the Crown.

Franklin, 30, denies a charge of raping a 17-year-old girl at a house in Rangiora in April 2008.

Counsel completed their closing addresses today and Justice Chisholm will sum up tomorrow morning before the jury retires to consider its verdict.

Franklin is already serving a jail sentence for a rape on the West Coast for which he had pleaded guilty. The jury has been told the details of that offence.

The first trial began on Monday and the woman was part way through cross-examination by defence counsel David Bunce when the incident took place as jurors were leaving through the court house's front doors during the lunch break.

After the incident, Justice Chisholm stopped the trial and ordered a retrial which began yesterday in front of a different jury.

A juror in the abandoned trial, Mark Hayes, said the woman was very upset, screaming, and the words were not coming out completely clearly, but he thought she said she had been lying.

Other witnesses said they thought she said ''He's been lying''.

In other evidence, a relative of the complainant gave evidence of the three of them drinking at her house in Rangiora, and the complainant feeling sick and vomiting.

The complainant, who was visiting the house, lay down in her bedroom, but the woman later found her in the spare bedroom where Franklin was staying.

She was upset because Franklin knew she had feelings for him and she liked him.

''I thought he was trying to have a bit of fun with (the complainant).''

Franklin gave evidence that he had exchanged texts with the complainant before inviting her for drinks.

He sent a text that she was pretty and hot while she had gone to buy wine. They had later kissed.

Later, the woman went to his bedroom.

He said the woman was conscious the whole time and he did not have sex with her.

In his closing address, Crown prosecutor Tim Mackenzie referred to a ''theme'' with the rape on the West Coast and the Rangiora allegations.

Propensity evidence, which had been allowed in this case, showed Franklin had a tendency to act in a particular way.

Mr Bunce said the crown case was not strong and was riddled with problems.

Evidence was that immediately afterwards, the complainant did not say she had been raped, but said Franklin had ''tried to have sex with me''.