By Vir B. Lumicao
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| The rape trial at the High Court will end Monday next week |
A Chinese-Filipina was in deep sleep due to drunkenness when
a Japanese male co-passenger on a minibus allegedly took her to his flat in Kowloon
Details of the alleged sexual attack emerged as defendant, Kaise
Hiroki, gave evidence as the sole defense witness.
Hiroki, who is out on bail, denied he raped the drunk 24-year-old
woman, identified only as “Miss X,” at dawn on Aug 5 last year in his flat
after they got off a red minibus they rode on from Central to Mong Kok.
Hiroki, speaking through a Nihonggo court interpreter, said his
mind was clear and he was aware of his surroundings when he took the woman home.
But he insisted they had consensual sex.
“X,” who was the first to give evidence on Sept 16, told the
court she had drunk more than she could take between 11pm on Aug 4 and 2am on Aug
5 last year as she celebrated her birthday with three friends.
She said she was very drunk and dizzy when she got off at the
minibus terminus in Mong Kok, and when she regained her senses, she found
herself weak and naked in a dim room, so she got into her panties and shorts.
She said the defendant carried her to a taxi, which took her
home to Kwai Chung.
The prosecutor asked Hiroki whether “X” was not aware of her
surroundings and if she was responding to what was happening around her,
including during penetration. The defendant said he did not know.
Defense counsel Oliver Davies reminded Hiroki that when he
asked him if what he said in the police video recorded interview was all true,
he answered “almost true”.
The defendant said that when he watched the interview on DVD
and “I realized there were untrue things that I said but I was already arrested
at the time.”
Judge D’Almada, taking over the questioning, asked the
defendant, a university graduate, whether he had the ability to think clearly
that night. He replied “yes” but added that “it was not perfect.”
The judge asked him if he knew what he was doing and he
replied there were some he could not remember. That led D’Almada to ask if he
remembered the foreplays and kissing on the lips he mentioned in the VRI. He
said sometimes their mouths were open.
Hiroki also told the court that he couldn’t decide if he
should do “it” or not, but “I saw there was agreement. I thought so from her
facial reaction and my experience. From all these I saw there was consent,” he insisted
at the conclusion of his evidence.
But CCTV footages in the block where Hiroki lives showed the
woman looking very weak and unable to walk, so that the defendant had to carry
her to a taxi.
Judge D’Almada adjourned the case until Monday, and told the
jury to get the pictures that both the prosecution and defense would give them , before deliberating on their verdict the next day.
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