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Cricketer's rape trial nears end

NZ NewswireNZ Newswire 1/08/2016

The Crown and defence have both summed up their cases in the rape trial of Northern Districts cricketer Scott Kuggeleijn.

It's alleged that the 24-year-old raped the student at her Hamilton flat in May last year following a night out on the town.

On returning to the woman's home, both were intoxicated and began to engage in foreplay which included kissing and fondling.

The case centres around whether the woman, who was 20 at the time, gave Kuggeleijn consent to sexual intercourse with her, something she strongly denies.

"It's easy for the defence to label the woman a liar but she had no motive to harm him," Crown prosecutor Jacinda Foster told the jury in summing up in Hamilton District Court on Monday.

"They had only met that night and there were no historic grudges between the two.

"She understands the gravity of the situation of coming to court and knows that the public will either consider her a victim or a liar, there are no gains here for her."

Ms Foster urged the jury to put aside any sympathy for Kuggeleijn with his abilities as a promising sportsman.

"Your values may not agree with the woman taking him home but you must put all emotion involved to one side."

She argued that Kuggeleijn's apology to the alleged victim in a text message he sent the following day was an admission on his behalf that he did not have consent to have sex with her.

Defence lawyer Philip Morgan QC asked the jury to focus on the critical moment when the event took place.

He suggested the victim went through with the act due to social pressures of concern about what her friends would think if she didn't sleep with Kuggeleijn.

Mr Morgan said the Crown could not prove beyond reasonable doubt that his client was guilty and to do so would be a miscarriage of justice.

Judge Philip Connell will sum up the case on Tuesday morning.

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