Former Olympian found guilty of sexual assault

Last updated 17:39 30/07/2012

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A former Olympic athlete has been found guilty of sexual and physical assaults on his then-wife and an ex-girlfriend.

The man, whose name is suppressed so as not to identify the complainants, learnt his fate in the High Court at Auckland today after a two-week trial.

Dressed in a smart dark gray suit, he showed little emotion as the verdicts were read.

The former Olympian was found guilty of three counts of rape, one of sexual violation, one count of injuring with intent and one count of male assaults female.

However he was cleared of a further count of rape and one of sexual violation, kidnapping, two counts of injuring with intent to injure and one of assault.

The charges he was found guilty of related to both complainants.

The jury were told they must not name the Olympic athlete, whose suppression will continue unless a further order is made by the court overturning it.

He was remanded in custody until his sentencing at the end of September.

The jury began deliberating on Friday afternoon.

It was the second trial for the former Olympic athlete, who was accused in 2010 of sexual and physical assaults on his then-wife.

He was found not guilty of several counts but the jury was unable to reach a decision on two counts of rape and one count of strangling the woman.

This case was a retrial on those charges, but they were also joined by allegations he had raped, sexually violated, assaulted and kidnapped another partner 10 years earlier.

Defence lawyer Hugh Leabourne argued there was no unlawful sex and no incidents of violence or kidnapping, and the jury accepted this.

During his trial, the athlete took to the witness stand to deny the violent events ever happened in either relationship.

He impassively denied assaulting the women, telling the jury they never had an abusive argument, but argued like "any ordinary couple would".

"Given we're human, we may have had an argument," he said.

In one incident in 2008, the former wife alleged the defendant ripped up her study notes and raped her when she fobbed off his sexual advances.

The man said he remembered tearing up the notes in a heated argument when she refused to have sex with him, but denied raping her.

He told the jury he never forced his then-wife to have sex with him or struck her with his fists, but had slapped her on two occasions and grabbed her throat during a play-fight.

 "I never punched my wife. Ever. I'm absolutely certain of that."

 Throughout the trial, the man has showed little emotion and often struggled to recall events from the past relationships.

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 Many of the questions put to him over his alleged violent outbursts and sexual assaults were met with "no" or "it's not true".

 A cousin of one of the women, who also gave evidence, told the jury the couple were "happy" and she had not witnessed any abuse in the time she shared an apartment with the woman, who was visited regularly by the man.

"I would have stepped in if there was any abuse in my apartment and kicked them out," she said.

However, Crown prosecutor Yelena Yalavich suggested the woman did not have "an independent memory" as she failed to recall dates and scenarios from 1998.

It was also noted that she was on "non-speaking terms" with her cousin.

The woman said she was not aware of an assault where the defendant allegedly hit his partner with the back of his hand, on the face, arms and shoulders.

But she conceded there may have been incidents of violence at the apartment while she was not there.

Yalavich told the court the defendant had a history of being abusive, angry and controlling against his former wife and girlfriend.

- © Fairfax NZ News

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