A man alleged to have assaulted a teenager was seen lurching and grabbing at the victim, a court heard yesterday.
Shane Dibben (32) appeared yesterday on the second day of a jury trial before Justice Cameron Mander in the High Court at Invercargill.
He is charged with assault with intent to commit sexual violation or an alternative charge of aggravated assault with intent to commit an indecent act in Invercargill on December 13, 2021.
It is the Crown’s case that Dibben chased down the 17-year-old girl while they were both biking on Lindisfarne St and grabbed at her bag to stop her with the intent of either sexually violating or indecently assaulting her.
Yesterday, Invercargill City Council worker Robin Mason appeared to give evidence via audio visual link.
He had become uneasy when he saw Dibben and the girl interacting on Lindisfarne St as he drove by. His concern was such he did a u-turn to go back to check everything was okay.
In total he made three passes of the pair, once near a grass reserve, once near the Collegiate Rugby clubrooms and again between Miller and Tweed Sts.
On the last occasion he saw the girl pedalling away fast from the man, the man then pursuing her — catching up with her on his bike.
"He appeared to lurch at her and grab at her and I think it’s the bag he’s grabbed at.
"He’s got all caught up and the bikes gone and he’s on the ground."
After the incident Mr Mason found the girl on Morton St.
"She just looked a bit shaken and so I stopped."
He checked she was okay and then left her to see if he could find Dibben, who had told the girl he was travelling to the hospital to see his mother.
Mr Mason could not find Dibben and it was then he rang police from the hospital carpark to report the incident, he said.
Dibben’s lawyer Sonia Vidal put it to Mr Mason that he had the wrong location on Lindisfarne St where he had first seen Dibben and the girl, as the girl had reported it was in different place.
Mr Mason said he believed that he was right.
She said that when he stopped to talk to the girl after the incident, Mr Mason had discussed details of the case which may have resulted in him in changing his description to police about what he had seen.
"I don’t believe so," he replied.
She also queried his evidence about seeing the bag over the girl’s shoulder, saying he could be mistaken.
"I don’t believe so," he said again.
Institute for Environmental Science and Research forensic scientist Anna Lelamu yesterday told the court there was low-level YSTR DNA of more than one male found on the bag but due to the low level she was unable to determine whose DNA they were.
When questioned by Crown lawyer Riki Donnelly, Ms Lelamu said there were many factors which could impact on a DNA sample. It could be a low level sample thus not detectable, it could have been exposed to adverse conditions such as moisture and sunlight or exposed to inhibiting substances.
"It is possible to have contact with something and not get a DNA profile from it," she said.
Under cross-examination by Ms Vidal, Ms Lelamu agreed friction while touching a fabric could cause DNA to be left behind.
Dibben’s police interview recorded on December 14, 2021, was also played in court yesterday.
During the interview with Detective Constable Samantha Lindley, Dibben initially said he could not remember stopping to talk with anyone while on his way to the hospital.
Det Cnst Lindley told him what the girl had alleged including a conversation in which he propositioned oral sex, sex and made other lewd comments.
When asked if he had talked to her, Dibben replied; "I’m not really sure if I should say anything to be honest because that’s just bulls**t".
"You’re allowed to say f****d up s**t to people but I didn’t touch anyone — that’s where it stops."
Det Const Lindley also requested a GPS map from Dibben’s probation officer of where Dibben had been between 1pm and 3pm. It showed he had been in the Lindisfarne St area during that time.
Justice Mander will sum up the case today before jurors retire to deliberate.
- Karen Pasco
- PIJF court reporter
