Takapuna Beach rape trial aborted, reasons suppressed

The trial scheduled for two weeks was aborted midway. Photo / Nick Reed

Warning: This story contains evidence of a sexual nature which some readers may find upsetting.

The trial of two men charged with raping a woman and filming the assault has been aborted on the day the defendants were meant to testify.

Nikki Alexander Frank, 46, and Peter John Haden, 62, were charged with taking a semi-conscious woman to one of their homes and allegedly taking turns to rape and sexually violate her, filming parts of the assault.

Crown prosecutors opened the trial last Tuesday, arguing the men took advantage of a woman who was unable to give her consent.

The woman, whose identity is protected, had met the men at a Takapuna Beach carpark where they shared a drink and a cannabis joint.

“I thought, what did I do to deserve this?” the woman was heard telling police in a recorded interview played on the first day of the trial at the Auckland High Court. “Just because I was wearing a bikini? Because I was nice to people?”

Defence lawyers claimed the woman had “passionate” kisses with the men and popped a sedative “to get a buzz” before having consensual sex with them, which she denied.

“No, that is a lie. I was attacked. That’s not sex,” the woman said during cross-examination.

Today the defendants were due to give their evidence but the trial was suddenly aborted due to “unexpected matters”.

“Most unfortunately, unexpected matters have arisen which means I have to stop this trial now,” Justice Christine Gordon told the jury as the thanked them for their service.

Justice Gordon suppressed the reasons for aborting the trial today because it could affect the defendants’ fair trial rights.

Frank and Haden were remanded in custody to await a new trial date.

Where to get help:

NZ Police
Victim Support 0800 842 846
Rape Crisis 0800 88 33 00
Rape Prevention Education
Empowerment Trust
HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): be 04 801 6655 – 0
Safe to talk: a 24/7 confidential helpline for survivors, support people and those with harmful sexual behaviour: 0800044334.
Mosaic – Tiaki Tangata Peer support for males who have experienced trauma and sexual abuse: 0800 94 22 94
If it is an emergency and you feel like you or someone else is at risk, call 111.

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