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Gay sex and drugs charges: Sturm guilty

Tue 11 Apr 2006 In: New Zealand Daily News

Former Auckland restauranteur Philip Sturm's retrial on sex and drugs charges has resulted in six convictions for drugging and sexually violating men, and seven acquittals on similar counts. Originally tried in 2003, Sturm faced charges from four male complainants he'd had sex with who testified that they had been under the influence of drugs and would not have consented to the sex otherwise. The Crown alleged that Sturm had stupefied the victims before having sex with them. Sturm said in his defence that the sex was consensual and the victims knew what they were doing. The complainants all identified as heterosexual. The retrial resulted from appeals by Sturm's lawyer and the Crown. Justice Robert Chambers, the judge in the original 2003 trial, ruled that the men were not in a state of stupor as he defined the term, and instructed the jury to find Sturm not guilty on the stupefying charges. The drugs Sturm had supplied were ecstasy and methamphetamine. Despite the complainants' testimony that their sexual encounters had been inextricably linked to their stupefaction, the jury still found Sturm guilty on ten of twelve sexual violation charges in 2003 even though Justice Chambers had instructed them to disregard the stupefaction charges. Sturm's lawyer Paul Davison appealed on the basis that the trial had been tainted by the stupefaction charges, which were dropped by the judge. The Crown appealed on the basis that the stupefaction charges should not have been dropped. The Court of Appeal ordered a retrial. The new jury were aware they were part of a retrial, but all details from the first trial – including the Court of Appeal ruling – were suppressed.    

Credit: GayNZ.com News Staff

First published: Tuesday, 11th April 2006 - 12:00pm

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