
Vanuatu seasonal worker Jonathan Lumu has been cleared of rape and sexual violation charges by a jury in the Tauranga District Court in New Zealand (NZ).
But a NZ jury found fellow seasonal worker Willie Tokon Tankon guilty of a charge of rape.
Last month, the two RSE workers who worked in a Kiwifruit pack house near Tauranga, were on trial for rape and sexual violation.
According to the NZ Herald, forensic evidence showed both men had sex with the woman at their shared accommodation on the last night of the picking season in mid-2020.
The woman said the men raped her, but they said the sex had been consensual.
On October 17, the jury acquitted Lumu on the two charges he faced — one of rape and one of sexual violation.
However, Tankon was found guilty by a majority verdict on a rape charge. He was acquitted by a majority verdict on one charge of sexual violation and acquitted by a unanimous verdict on a second charge of sexual violation.
The Herald reported that he was remanded in custody ahead of sentencing in February next year.
According to the NZ Herald, the two defendants, along with some women they had worked with at a pack house outside Tauranga, were drinking, dancing and hanging out at their accommodation.
The woman told the court that what started as consensual kissing between her and Lumu turned into a forceful rape and sexual violation. When things turned sexual she had said no, and was crying and upset as she protested but Lumu continued.The woman claimed the two men raped her in separate rooms of a property housing seasonal workers. During both alleged rapes, she had been trying to get the men off her, calling for help, and attempting to leave.
“I got out, and I ran,” she said in a police evidential video played in Tauranga District Court.
The Herald further reported that Tankon’s lawyer John Wayne Howell said the jury should keep an open mind about the fact Tankon had initially denied, when spoken to by police, that he had sex with the woman.
Tankon then agreed they had sex, but said it was consensual; Lumu said the same and they both deny violating her.
Regarding Tankon’s initial denial of sexual contact, Howell said there were several reasons why someone might lie to police, especially when they were from overseas and English was not their first language.
The Ministry of Business, Innovation, and Employment (MBI) in New Zealand that oversees the RSE scheme responded in light of the case.
“We are unable to comment on this specific case as it is currently before the court. However, we can provide the following general information in relation to the RSE scheme,’’ it said in a statement.
“NZ’s RSE scheme is a partnership with our Pacific neighbours, which allows people to come to NZ for a short time to work in our horticulture and viticulture industries when there are not enough NZ workers.
“They must have a job offer from a Recognised Seasonal Employer before they apply.
“The NZ and Vanuatu Government continue to work closely together as issues arise, to ensure the scheme continues to benefit both our countries.”
SOURCE: VANUATU DAILY POST
