NZ Justice Fails Again...

Bail-rape accused gets bail - again - National - NZ Herald News

Paul Nieuwenhuiysen

A man charged with drugging and raping a woman while he was out on bail has been bailed again, and yesterday his conditions of release were relaxed.

Paulus Nieuwenhuiysen appeared yesterday in the High Court at Auckland, where his conditions of bail were changed so he could exercise for an hour each day.

Justice Ailsa Duffy approved an application to vary the conditions so Nieuwenhuiysen could leave his bail address with a minder.

She cited his mental health as the reason for her decision.

She allowed the Herald to report the change but suppressed the legal arguments, including those of the Crown prosecutor Tiffany Robertson who opposed the application.

Nieuwenhuiysen is now bailed to an inner-city Auckland address on charges of drugging and raping a woman - while he was already on bail for serious drugs charges - at a popular holiday park.

In 2009 he was charged with possession for supply of Ecstasy, methamphetamine, and cocaine and granted electronic monitoring bail to the Waiwera Holiday Park and Thermal Pool.

Police say that in February 2010 Nieuwenhuiysen called a prostitute to the address, spiked her drink and raped her.

He was taken back into custody, but in May last year was again released on electronically monitored bail in Auckland City, under 24 hour supervision. He is to stand trial in September.

Labour Party law and order spokesman Clayton Cosgrove said the case showed the Government's changes to the bail laws were not working.

Mr Cosgrove said Justice Minister Simon Power was on record as saying the changes would prevent violent criminals getting bail.

"It's not good enough. A judge interprets the legislation which [Mr Power] writes. He said the legislation would prevent this from happening ... Well, the question is: What is he going to do about it?"

A spokesman for Mr Power said Parliament could only pass the legislation and it was up to the judges to apply it.

"We have got tough on this stuff, we've made it harder. We've raised the threshold for bail, and in the end it is up to the judges' discretion."

The National-led Government passed the Bail Amendment Act in 2008. The law previously prevented only defendants who posed a "significant risk" of reoffending or absconding being granted bail.

The Amendment Act removed the word "significant", making it harder to get bail.

The Government last month issued a discussion document, Bail in New Zealand: Reviewing Aspects of the Bail System,  reversing the burden of proof for defendants facing serious drugs charges who are applying for bail, among other bail issues.

If the changes were introduced the defendant would have to prove to the court that he or she should be granted bail, instead of the prosecution having to prove bail should not be granted.

The document also proposes continuing electronically monitored bail for defendants on methamphetamine charges and sex charges because the "rate of offending on electronic bail by defendants charged with such offences appears to be relatively low."

Mr Power's spokesman said the Government was hoping to receive many submissions on the discussion document.

This is upsetting for me to read. I knew this man well.

The first time i met him, i was not a drug user. I was a drinker - but had not done drugs, at that stage. I met him through a girl that i worked with. I often gave her a ride home from "work" in the morning. Paul had come into the brothel as it was closing, and she had agreed to meet him at his apartment. Since i was giving her a ride home, she asked if i would go with her and wait for her, while she did a quick "private" booking with him. His apartment was just across the road from where we worked, I was in no rush, so i agreed.

I accepted a glass of water from him. It had weirdo floatie things in it and tasted funny but he explained to me that it was Aloe Vera Water ...or something like that. Within minutes of drinking that water, i felt like passing out. I spent the next several hours in his bathroom vomiting. I have never vomited like that before in my life. There were no breaks. I didn't get a rest, for hours, and by the end of it, i was throwing up blood. I can't even describe it. My stomach was just continually heaving ...for hours, without stopping even for a minute for a break.

Then i passed out. I remember thinking that going to sleep was such a welcome relief. I would have been quite happy to die at that point in time.

I woke up, what i later realised was 8 hours later...on a mattress on the floor, of a house in Papakura, that did not even have the power connected.  Paul and this "friend" of mine were busy smoking methamphetamine in the garage.

I could not get out of there fast enough. I went back to my apartment, turned on my shower, then proceeded to lay on the shower floor, for hours, with the hot water pouring down on me. I stayed on the floor of that shower for so long, because i literally could not get up. I could not move.

I later learned that the drug he had given me was called GHB - or aka - Fantasy. I guess it is the drug that people use to "Date rape"...it can be fatal, particularly when mixed with alcohol. I had been drinking vodka RTDs all night before meeting Paul. He did not ask me though, before giving me his glass of water, if i had consumed any alcohol.

I never went to the Police about what happened that day. I was too ashamed of the circumstances that had led me to meet a person like him, in the first place. I did not want to have to admit to the Police that i was a prostitute. So i just did my best to forget.

I ran into Paul again, later on during my time in that life. At first i was disgusted, and filled with rage and hate towards him - but by that time i was a drug addict myself, and he had in his possession the hugest bag of methamphetamine that i had ever laid eyes on...so i forgave him pretty quickly. Addiction to methamphetamine will make you do things like that. Anything for that drug. That is all it comes down to.

I got to know him pretty well...as well as one gets to know someone in that world i guess. I bought a lot of drugs off him. I watched him give more women that drug. One friend of his overdosed on it in my living room...i will never forget the noise that she made...it was like a cross between the sound of someone vomiting and a dog barking. I wondered if that was the same noise that i made, during those hours that i spent vomiting? I didn't care really - i just left my apartment, to get away from it...and the noise.

Paul has drugged and raped hundreds of women. It was only a matter of time before he killed someone. I thank God that he finally came across a woman who was strong enough to go to the police - before that happened.

The fact though, that he was able to commit this crime, while already on serious drugs charges, then was given bail AGAIN...and now is allowed out to exercise!?!?! Means that the New Zealand Justice System has once again failed us.

I don't care about his mental health. I care about the mental health of all of the women that were unfortunate enough to meet him. Perhaps his mental health should have been a consideration when granting him NZ Citizenship in the first place?

I have no doubt that come September, Paul will be found guilty of all of these charges. I have faith in The Police, and ultimately, in our Justice System...I know Paul is guilty of all of the charges that he is facing and there is some solace for me, in the fact that i am familiar enough with this monster to know that he will not cope with prison life, well...at all.

My thoughts, and prayers are with his two wonderful teenage children, that i met. I know from experience, how much it sucks, when children suffer because of their parent's actions.

To this day, i still feel ill when i see those green bottles of that Aloe Vera water in the drinks aisle at the supermarket.

By allowing this man out this judge has said his behavior is acceptable within our community. It is our communities that must tell this judge he got it wrong - that this behavior is not acceptable within our communities and that unless this man is reformed - then he must be permanently removed from the community, i don't care if that means death or life in jail. He is a re-offender - yes everyone gets a second chance. but this man has had his. ~ A share-worthy comment regarding this issue made on my Facebook page.