Warning - This story discusses details of indecent assault
The two day hearing is being held at the Court of Appeal in Wellington. Photo: RNZ
Bread sticks and CCTV timing are just some reasons a prominent businessman could never have sexually assaulted one of the three men he was found guilty of indecently touching, his lawyer has argued in the Court of Appeal.
The man, a former rich-lister, was found guilty on three charges of indecent assault in relation to three different men after a trial at the High Court in Auckland.
He was also found guilty of two charges of attempting to dissuade a victim from giving evidence.
The incidents took place at the man's Auckland home.
On Wednesday, a two-day hearing began at the Court of Appeal in Wellington with the man's lawyer, David Jones KC, submitting there had been a miscarriage of justice.
The businessman is appealing his convictions and sentence.
During the trial, the 2016 complainant said he had been indecently assaulted by the businessman in his bed.
The 2016 victim was the man who sparked the whole prosecution and Jones said all the other charges were "affected and infected" by his indecent assault complaint.
He had food poisoning and was recovering in bed when the businessman came into his room and crawled over him before indecently touching him. The complainant then called another person who was in the house.
On Wednesday, Jones submitted the timing of that phone call and the timing of CCTV footage just didn't add up.
Jones further submitted the Crown's case relied on the phone call, but there were aspects that supported the defence case, particularly the lack of physical evidence.
The complainant had six cheese bread sticks on his bed, if the businessman climbed onto the bed then those sticks would have been broken or crushed, Jones said.
"That would have been a compelling physical aspect of the Crown case. The bread sticks are in pristine condition," Jones said.
There was also absence of any DNA on the complainant.
Other grounds for appeal were the infamous Family Bar recording and how some of Jevan Goulter's evidence was prejudicial and the Crown didn't control him as a witness.
The businessman's manager - who also has interim name suppression - who was sentenced to 12 months' home detention after being found guilty of dissuading a witness, also appealed his sentence.
At his sentencing, Justice Venning said the manager had acted out of misplaced loyalty for his employer, and had played an important role in the most serious of two attempts to get the complainant to drop his sexual assault case.
On Wednesday, Yvonne Mortimer-Wang submitted Justice Venning misdirected the jury in summing up and there was a real miscarriage of justice.
The appeals will continue on Thursday with Crown lawyer Mark Lillico making submission to Justice David Collins, Justice Rebecca Ellis and Justice Rachel Dunningham.
This article originally appeared on Stuff.
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