Alleged assault 'just didn’t happen': Prominent rich lister's defence lawyer

The defence lawyer for a prominent New Zealand businessman accused of indecent assault has suggested the incidents never happened.

Crown prosecutor Simon Foote and the businessman's defence lawyer, David Jones. Source: NZME Pool

The rich lister, who has name suppression, faces three charges of indecent assault and two charges of attempting to dissuade a witness from giving evidence.

His manager is also charged with attempting to dissuade a witness.

Both men have pleaded not guilty to all charges.

The complainant, the third the court has heard from, told the court yesterday he was staying at the businessman’s house at the time of the incident.

He said he had eaten an undercooked pork chop before heading out to meet friends. He smoked marijuana in his car before meeting his friends at 7pm. On the way back to the businessman’s house he said he started feeling “nauseous”.

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Upon arriving he vomited, showered, and lay down on a bed in a spare bedroom - not the room he was allocated.

He said the businessman entered “naked” and told him to go back to his own room, but then suggested instead the man come to the businessman’s room.

Instead, he went back to his own bedroom, but he said the businessman followed, knocked on his door, and then entered.

He then, the man claimed, pulled the sheet, climbed over him, and began to “spoon” him.

“He was fondling my penis, he was caressing my body,” he said.

“It was just making me feel incredibly uncomfortable, I felt even more sick.”

The man said he eventually managed to escape and flee to the neighbouring room. He was eventually taken to Auckland Hospital where he told hospital staff what had happened.

They told police.

He also said on an earlier occasion the businessman had pulled his pants down and stared at his genitals.

Defence lawyer David Jones questioned why the defendant could get to the bathroom to vomit in the toilet when he felt unwell, but, if the assault happened, could not get up when he alleges the defendant entered his bed.

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“I am going to suggest to you…[the defendant] when he came into your room did not get into your bed at all,” Jones said to the complainant.

“That’s a lie,” the man responded.

“I suggest he does exactly what you thought he was going to thought ‘he is just going to help me settle into bed’,” said Jones.

He also noted the man was taller, fitter, and younger than his defendant.

"If he did anything you could swat him away like a fly," Jones told the complainant.

He questioned the man about his recollection of the evening, including gaps in his knowledge as to what happened after the alleged assault.

“Were you under some sort of disability brought on by the food poisoning, drugs, anxiety...has that caused your partial memory fade?” Jones asked.

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The rich-lister, who has name suppression, is accused of assaulting three men. Source: 1 NEWS

The man replied he was exhausted, as he had been awake all night unwell.

Jones also suggested the incident where the businessman was said to have pulled the man’s pants down “just didn’t happen.”

The trial continues.