Warning: This story discusses violence rape and sexual assault.
A prisoner who raped and forced his young cellmate to perform oral sex on him almost every night for three months will be deported back to Fiji after his sentence.
Photo: RNZ / Rebekah Parsons-King
At the High Court in Wellington today, 31-year-old Benjamin Nilesh Goundar was given an indefinite sentence where he will have to serve 10 years and be assessed as safe before he can be released.
Goundar was found guilty in November on nine charges including common assault, sexual violation and threatening to kill.
He was already serving time in Rimutaka Prison for violent sexual offending against a teenage girl when he found his next victim.
The man, who has name suppression, was 18-years-old at the time and the youngest person in the prison.
Goundar befriended him and the man moved into his cell in October 2017 on the promise of movies, food and a better time.
They shared the cell until January 2018.
Justice Karen Clark said from the first night he asked for sexual favours and hit the victim when he refused - the abuse continued until he did what Goundar asked.
"One day almost a fortnight later, you told [the victim] to come down from his bunk.
"He refused. He said he was over this. [The victim] told you that he was going to move out the next day.
"You pulled out a shank and said that of him didn't come down you were going to stab him.
"You told him that if he moved out, you would kill him.
"You forced him to perform oral sex on you almost every night."
Justice Clark said the offending was essentially continious for 80 days.
The vicitm's impact statement was read aloud to the court. In it the victim said he still saw Goundar's face everywhere he looked and felt that he would never get away from him.
"Ben, in this statement I have been asked to explain the emotional harm your actions have had on me.
"I really felt and feel like you should not get that privilege and that you don't deserve to know this.
"In all honesty, I don't really know where to begin. I thought it would be easy because I've spent so long thinking about what I would say if given the chance.
"I've let you run my life for too long and I'm tired of being scared and resentful to you."
Reports showed Goundar had a high risk of reoffending and took no responsibility for his behaviour, Justice Clark said.
"You say you are disappointed in your actions, but you have shown no remorse for the victims of your offending.
"You appeared to the report writer to only be disappointed in the way your actions have impacted on your life including that you will be deported to Fiji on release from prison."
The judge said he even made inappropriate sexual remarks and displayed flirtatious behaviour to the female pyschologist assessing him.
The reports described him as entitled and domineering with sadistic, degrading amd cruel components.
He also showed little attempt at rehabilitative programs.
Justice Clark said he used the vulnerability of his victims, showed predatory behaviour and was violent and intimidating.
She said as his previous 16 years in prison did not curb his violent offending, he was given a preventive detention sentence.
Goundar must serve at least 10 years but will be kept in prison if he cannot prove he is safe for release.
