I never raped anyone, former officer tells jury

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A former Rotorua police officer denied raping a 17-year-old Rotorua teen in her flat 21 years ago but could not rule out a brief sexual encounter, a court has been told. Iosefa Fiaola told a jury in Tauranga District Court yesterday that he did not know the woman who alleged she was raped in her flat in 1989.

Fiaola pleaded not guilty to sexual violation by rape between June and December 1989 at the complainant's two-bedroom flat in James St.

Giving evidence as a defence witness, Fiaola, now 45, said he did not recall ever meeting the complainant or having sex with her, the court was told.

Asked if there was an "opportunistic culture" among Rotorua policemen to follow up details of young women, Fiaola said he did not know if it was part of the culture "but it happened on occasions".

Fiaola was a constable at Rotorua police station at the time. He retired in 2005 and now lives in Queensland with his family and manages a warehouse.

The complainant, now 38, gave evidence alleging Fiaola got into bed with her and forced himself on her to have sex without her consent. She told the court the accused was part of an outer circle of friends but she did not like him.

She said she "buried" the incident and did not tell anyone about the incident until 17 years later when she went to counselling on other aspects of her life and was encouraged to make a complaint to police in 2006.

She said she was angry because the sex was non-consensual.

"I felt it was no point in telling anyone at the time because he was a policeman and it was his word against mine. I wasn't sure my friends would support me."

In evidence under examination by defence lawyer Rachael Adams, Fiaola said he did not recognise the complainant, recall meeting her, or going to her flat.

"I have no recollection of the incident at all dating back 21 years.

"I can't discount a brief sexual encounter but I don't recall the incident she has described. I absolutely deny it. I have never ever forced myself on a woman.

"I have never raped anyone and completely deny the allegations she has made."

Under cross-examination by Crown prosecutor Greg Hollister-Jones, Fiaola said he did not remember the complainant but if the allegation did happen it occurred by consent.

Earlier, Crown witness Joanne Membery, a friend and flatmate of the complainant in the flat where the incident allegedly occurred, described Fiaola as "arrogant, aggressive, and full of himself".

Mrs Membery gave evidence she once found Fiaola asleep in her own bed.

The trial continues this morning with Ms Adams calling two defence witnesses, both senior policemen, and former colleagues of Fiaola.

Judge Robert Wolff is presiding and the jury consists of nine men and three women.

- © Fairfax NZ News