A woman seen on CCTV kissing a man before he allegedly raped her said it was not "the password that unlocks access to my whole body".
The defendant, who is before the Invercargill District Court facing two charges of rape, four of sexual violation by unlawful sexual connection and indecent assault, has interim name suppression.
His counsel, Peter Redpath, told the jury at the trial’s outset that the incident, which took place at a rest stop near Coronet Peak in Queenstown in December 2022, was consensual.
"I’ve just got a phone call from my wife’s pocket. It sounds like she’s being raped," her ex-husband told a 111 emergency operator.
"I got a phone call with sobbing and ‘no, please stop, no, please stop’, and a creepy sounding guy in the background."
Once the operator was able to contact the woman, the jury heard her pretending to be on the phone to her friend, while giving confirmation of her location.
"Everything is fine," she pretended to tell her friend.
The operator asked: "is he there with you?" to which she replied: "yes".
On the 111 call, the court heard the defendant in the background sounding confused and asking her why she was on the phone.
Seconds later, the court could hear him comment on a SUV belonging to the woman’s then husband pulling into the rest stop.
"You raped my wife, you bastard. Get the f... out of here," the court heard the man scream on the recording.
In a final call to police the ex-husband could be heard telling them he had a confrontation with the man, who then drove away.
"He’s driven off, I’ve got his number [plate]," he said.
"He’s dumped my wife on the ground naked at the top of the lookout."
The complainant was cross-examined by Mr Redpath, who questioned her actions leading up to being driven up Coronet Peak Rd.
He referred to text messages between the woman and her then husband earlier in the night, when he had driven into town to pick her up about 4.30am.
"You said: ‘no, just go home, it’s OK baby’," Mr Redpath said to the complainant in court.
"And you proceeded to turn him around, didn’t you?"
"Not many days that go by that I wish that I didn’t," the complainant replied.
"4:42am, it’s a thumbs up emoji reply from [the ex-husband], at 4.41am you’re on the CCTV at the Caltex service station kissing the defendant, aren’t you?"
"You turned your husband around because you were going with the defendant," Mr Redpath said to the complainant.
"That’s true, I did," she replied.
The court viewed the CCTV footage of the complainant and defendant kissing outside the service station before driving up the mountain.
"A kiss is not the password that unlocks access to my whole body," the complainant explained in court.
Mr Redpath also questioned the witness’ memory as she said she blacked out and did not remember how she became naked in the defendant’s backseat being violated.
But, he noted, she had the "presence of mind" to find her phone and talk to the operator.
"It wasn’t as much a presence of mind as instincts," the complainant explained.
The defence lawyer also challenged the woman on her change of tone during the 111 call after speaking to the operator clearly but "going to pieces" when talking to her husband at the end of the call.
"I remember both sets of mind," she replied.
"I remember being on the phone to the cops ... and [ my ex-husband] was someone that I was safe with ... . I wasn’t fighting for my life or safety any more."
"You wanted to convey that you were a victim," Mr Redpath countered.
