17 Jan 2023

Sailor accused of multiple gropings claims one was an accident, others never happened

3:31 pm on 17 January 2023

By Catrin Owen of Stuff

The HMNZS Canterbury pictured leaving the Devonport Naval Base in Auckland.

The HMZNS Canterbury, where the alleged offences took place. Photo: RNZ / Eva Corlett

A Navy sailor facing a court martial for allegedly indecently assaulting fellow shipmates has denied touching two of them, but said she accidentally touched a superior officer and apologised straight away.

Able Steward Roselia Daniella Epati faces three charges of indecent assault, relating to incidents that are alleged to have happened while on board HMNZS Canterbury in February 2021.

She has pleaded not guilty, and her court martial is being held at the Devonport Naval Base.

Prosecutor Sub Lieutenant Ben Ruback said the case was about a sailor who acted in a sexually inappropriate manner with her shipmates, including a superior officer.

The court previously heard from all three complainants who all said they were shocked at what happened.

Defence lawyer Matthew Hague said in his opening Epati disputes she intentionally applied force when she is alleged to have groped a superior officer.

Epati was heavily intoxicated and unsteady on her feet and contact was made accidentally and unintentionally, Hague said.

On Tuesday, Epati gave evidence in her own defence telling the court on the evening in Lyttelton, she was drinking with friends on the ship.

Before leaving the ship, she went up to a brow with a group of friends.

It is here the first complainant alleged Epati touched her bottom and attempted to grope the woman's genital area.

But Epati denied ever seeing the first complainant at the brow of the boat and said that never happened.

Epati returned to the ship from Lyttelton town at about 1.30am and it was while she was getting up to the brow of the boat she is alleged to have groped a superior officer "quite forcefully".

She allegedly said "I've got balls like these", before grabbing the man's crotch.

However, Epati said she was joking and chatting on the brow and talking with her hands.

The back of her hand made contact with the officer and she apologised straight away.

"I was trying to apologise so he knew I was sorry," Epati said.

Epati said she did not grope the officer, but her hand touched his upper thigh.

The officer told her to go to bed, but Epati went down to the mess where she saw the third complainant.

The third complainant alleged Epati demonstrated what she had done to the officer and also groped her.

Epati said she told the third complainant she was in trouble, but there was no physical contact.

Under cross-examination by prosecutor Sam McMullan, Epati agreed touching of a bottom, or women's and men's genitalia, was indecent.

Epati told McMullan she was shocked when she found out the first and third complainants had lodged a complaint.

"None of this is shocking to you Able Steward Epati, because all the complaints made against you are completely true," McMullan said.

However, Epati again denied the offending.

McMullan asked Epati why she apologised to the first complainant and then repeatedly sought out the third complainant if she did not do anything.

Epati said she was worried about getting in trouble.

The court martial before Judge Maree Mackenzie continues.

* This article originally appeared on Stuff.

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