February 08, 2010

Defence questions reliability of children's evidence

The defence has attacked the reliability of evidence from three child complainants in a sex abuse trial, but the crown has described their testimony as “compelling”.

The three children gave evidence to the Christchurch District Court jury trial last week by closed circuit television link from another part of the Court House.

The jury also saw a total of 10 video interviews played at the trial of a man now accused of 14 sex offences against the children. Two charges were dismissed, and another charge was split into two separate charges at the end of the crown case last Friday.

The crown is alleging years of sexual abuse against three children — two girls and a boy. It has contended that the abuse of the children began when one of the girls was three and the other five. The boy was under eight.

The defence called no evidence but defence counsel Colin Eason said today it was taking too great a risk to rely on the children’s evidence because “it has all the hallmarks of difficulty in terms of accuracy”.

He said the children’s earlier interviews were significant because they denied that the man was doing anything untowards and gave a picture of a very balanced life.

“There were not the signals that there was any lurking darkness,” Mr Eason said. “If it was a lie, these girls must be consummate actors.”

The defence said the man did not know whether the children had been sexually abused, but if they were, it was not by him.

Crown prosecutor Claire Boshier said the evidence of the three children was compelling.

There was no possibility that the children could have colluded or collaborated on the evidence because some had been separated.

She referred to “the power of three”.

“Three complainants, all offended against in the same way, over the same period of time, sometimes at the same time. Three complainants, absolutely sure of the accused and what he did.”

It was clear the children were not confused between the man on trial and an older man against whom they have also complained.

Closing addresses were heard today and the summing up by Judge Jane Farish will begin at 9.15am tomorrow.