Rapist Scott Thompson is appealing his conviction, saying he was not given medication during his jury trial

A man who raped a woman just hours after beating her in a car is appealing his conviction, claiming he was not given his medication at his trial.

Scott Thompson wants the appeals court to overturn his conviction and sentence. He argues that the verdict was unfair because he did not receive the medication prescribed for his depression, anxiety disorder and post-traumatic stress disorder during the original trial.

In 2019, Thompson picked up the victim from her work in central Wellington. The car ride turned violent and he hit her, grabbed her hair and punched her four times in the face. Later that night he raped her while she was in the shower.

Thompson appeared before a jury in November 2021 and was sentenced to prison in April 2022 with a minimum sentence of seven years.

He now claims his mental health has deteriorated without his medication, which has affected both his testimony and his cross-examination at his District Court trial.

Lawyers at his original trial today described his testimony at the time as a “disaster,” saying his behavior was “objectionable and belligerent” and that he completely broke down during his testimony, which they had not expected.

Judges Collins, Osborne and Churchman will be asked to compare Thompson’s behavior in this trial with the statements he made in today’s appeal – when he was taking medication. Today’s hearing was moved from the Court of Appeal to the adjacent High Court building in Wellington to allow Thompson to give evidence.

His lawyer Nicolette Levy KC said her client gave credible and controlled statements today, even when cross-examined by the Crown.

She said Thompon’s own description of events; “I didn’t know it until I was in the problem, I didn’t know it until it affected me.” He wasn’t aware of the impact the lack of medication would have on him until he took the stand.

She said everything pointed to her client “screaming for his medication.”

She said the failure to get his medication – which was beyond his control – was the difference between being able to cast doubt on the jury and being unable to do so.

But the Crown, represented by Ian Murray, said medical records from Rimutaka Prison showed Thompson had only failed to receive his medication on two occasions this trial week.

Several prison nurses testified via audio link today, although the court had to interrupt the session several times due to technical problems between the court and the prison.

They told the court that the records provided were accurate and rejected Levy’s claim that the records may have shown that Thompson received his medication when that was not the case. However, many also said they couldn’t remember it because of time.

The medical evidence presented did not explain what effect the lack of medication would have had on him.

Murray told the court it was hard to believe that Thompson waited until the final day of the trial, when the jury began its deliberations, before alerting his attorney that he had not received his medication.

At the start of cross-examination, Thompson confirmed his affidavit and said he understood the importance of taking his medication and was taking it daily as prescribed.

But Murray pointed to prison records showing he had repeatedly refused to take his medication – which Thompson said he did not do until after the trial.

Murray said Thompson also changed his statement during cross-examination. At first he said he only told his lawyer after he had given his statement. However, he then claimed that he had told one of them beforehand – which he vehemently denied.

Murray told the court that Thompson exaggerated the number of times he did not receive them.

The court reserved its decision.

Catherine Hutton is an Open Justice reporter based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ, and was most recently a media adviser at the Ministry of Justice.