You are using an older browser version. Please use a supported version for the best MSN experience.

Jury out in Kuggeleijn case

NZ NewswireNZ Newswire 1/08/2016

<span style="font-size:13px;">Northern Districts cricketer Scott Kuggeleijn</span> © Getty Images Northern Districts cricketer Scott Kuggeleijn The jury has retired to consider its verdict in the trial of Northern Districts cricketer Scott Kuggeleijn, who is accused of raping a woman in Hamilton last year.

Kuggeleijn has pleaded not guilty to the charge after he allegedly sexually violated the woman in her flat in May.

They met at a party earlier in the evening where during the course of the night they became increasingly intoxicated.

After going into town the couple returned to the woman's home where they began consensual sexual activity which involved kissing and fondling each other.

The woman has accused Kuggeleijn of then forcing himself on her despite allegedly telling him she didn't wish to have sex with him.

In summing up the case in Hamilton District Court on Tuesday, Judge Philip Connell told the jury that they must put aside any sympathy or prejudice towards either the alleged victim or the defendant.

He encouraged them to remain both clinical and objective and not to be concerned with the consequences either party would face as a result of the verdict.

Judge Connell stressed Kuggeleijn was to be considered innocent until proven guilty beyond reasonable doubt with the onus falling on the Crown to convince the jury otherwise.

The key issue of the case centres around whether consent was given by the woman before sexual intercourse took place.

"Both the Crown and defence do not suggest that alcohol had rendered either party incapable of making a reasonable decision to think these things through," Judge Connell said.

However, the woman's credibility has been challenged due to the fact she failed to recall certain events during the evening including kissing Kuggeleijn passionately in both a taxi and at a bar.

It was argued by the defence that she relented to social pressure fearing what people would think if she didn't go through with the act after expressing interest in Kuggeleijn at the party.

The Crown argues the woman has nothing to gain by going public except embarrassment and therefore she has no reason to lie.

image beaconimage beaconimage beacon