21 May 2018

Kāpiti councillor on trial for indecent assault

2:57 pm on 21 May 2018

A Kāpiti Coast district councillor accused of indecently rubbing himself against a council staffer is on trial in the Wellington District Court.

David Scott

David Scott Photo: RNZ/ Sapeer Mayron

David Scott, 71, is facing one charge of indecent assault.

Crown prosecutor Kate Feltham told the court the alleged assault occurred during a morning tea at the Kāpiti Coast District Council in April last year.

She said while the complainant was talking to the mayor, Mr Scott came up and put his hand on her right hip.

"She moved to her left thinking someone was wanting to get past but instead he put his other hand on her left hip, holding her with such force she couldn't move forward."

"[Mr Scott] then rubbed his penis into her back, moving from one side to the other."

Ms Feltham said the woman looked over her shoulder and saw Mr Scott and he went away without saying anything.

There was plenty of room behind her for him to walk past without any contact.

Ms Feltham said the mayor noticed something was wrong and asked if the complainant was okay.

She composed herself, said she would be fine, and left.

During the course of the day, she told a number of people what had happened and some days later made a complaint to police.

The day after the incident the complainant told Mr Scott she was no longer prepared to deal with him directly and he would have to go through the council chief executive if he wanted to discuss any matters with her.

Ms Feltham said Mr Scott sincerely apologised to the woman for any actions that might have upset her.

"He also said that he wished she'd said something at the time because he'd have explained that he'd had a recent operation on his genitals, which made any contact in that area extremely painful.

"He went on to say that when his stitches were gone he may not have to protect that area."

Ms Feltham said the defendant was later formally interviewed by police.

He told them he did not recall seeing the woman in the morning tea room that day.

"He said that when the council adjourned for morning tea he'd gone to the toilet to inject himself with insulin, as he's diabetic.

"He then went into the morning tea to get some cake and left again a few minutes later."

Ms Feltham said Mr Scott denied the indecent assault and said it was physically impossible for him to have done so and the woman must have been mistaken about what occurred.

Defence lawyer Mike Antunovic chose not to make an opening statement, but indicated at least two defence witnesses will be called to give evidence.

Eight witnesses will give evidence for the Crown, including the complainant and the Kāpiti mayor K Gurunathan.

The trial is taking place before a jury of six women and six men and is expected to last three days.