Luca Fairgray trial: Auckland man found guilty of three charges of sexual conduct with a young person

In closing arguments on Friday, Fairgray’s lawyer Susan Gray said the complainant’s evidence had been vague and that the girl had replied, “I don’t know” or “I don’t remember” no less than 60 times.

Gray said the girl had not been attending the school at the time the pair were dating, and a large majority of their messaging took place during school days.

“He believed you have to be 16 to drop out of school. [The complainant] told him she was 16 and she had dropped out.”

She also referred to the video site where the pair met, which required users to tick a box saying they were an adult.

“He doesn’t have to insist on seeing her ID, the law does not require that.”

Gray told the jury failing to consider his autism would be discriminating against him based on his disability.

“His brain is different to those of neurotypical people and as I say that is directly relevant to issues in this trial.”

Although, she did not suggest autism in and of itself was a defence, she said as a person with autism Fairgray didn’t “delve into the grey”.

Both Fairgray and the complainant have autism and ADHD.

She said the prosecution had asked the jury to draw an adverse inference against Fairgray because he continued to have contact with the 13-year-old late at night and in the early morning after he said he learnt of her age.

However, Gray argued the pair had spent time together during those hours throughout their relationship and the defence arguments were “heavily moralistic”.

Prosecutor Pip McNabb told the jury in her closing arguments Fairgray got into a relationship with the 13-year-old knowing her age.

“He got spooked, he started spinning lies and he’s been untruthful when he says [the girl] told him she was 16,” she said.

“He would have you believe [she] is some kind of 13-year-old liar and manipulator.”

McNabb said Fairgray told “untruth, after untruth, after untruth” when under cross-examination.

While the Crown accepted he struggled in some social situations, otherwise he was very intelligent and capable.

“While Mr Fairgray relies heavily on autism in this trial, autism is not a defence in these charges.”

She questioned why Fairgray continued to hang out with the girl late at night and in the early morning, as well as calling her “babe and darling” after he claimed he learnt of her age.

“Mr Fairgray was not duped by this girl, he knew exactly what he was doing.”

The defendant and the girl met on a video chat website in June 2023 before moving to Snapchat.

She alleged she told Fairgray she was 13 during a video call prior to meeting in person.

The pair dated for months and had sex on multiple occasions, both parties accepted.

The complainant became pregnant and an abortion clinic recorded a person called “Luke” made the girl an appointment and gave Fairgray’s number.

Fairgray gave the centre her correct date of birth and lied about his own age, saying he was 15.

Gray said he did so because by that point he knew she was only 13.

After the abortion, it’s alleged by the Crown that further sexual activity occurred on at least one occasion.

The next month the girl went missing temporarily and police became aware of the relationship between the pair.

Earlier in the trial Fairgray testified that the girl “looked and sounded” like she was 16.

“She had the body of a 16-year-old.”

He said the pair discussed drugs, used cannabis, and given her history of drug use he thought she wouldn’t be any younger than 16.

Fairgray told the court she was as tall as he was.

The girl also met his mother, who asked her over for dinner, he said.

Gray asked whether the girl told him she was 16 and he agreed.

Fairgray claimed when they found out she was pregnant, she told him she wasn’t actually 16.

“She confessed to me that she had lied about her age and that she was in fact 13,” he alleged.

After learning this, he said he was a “wreck, emotionally”.

“I was crying, I was shocked.”

He alleges that after he found out about her age, he broke up with her and they did not have any more sexual contact.

Last week McNabb highlighted evidence showing Fairgray’s phone was listed as being in the vicinity of the girl’s home 12 times after the date he alleges he learnt of her age.

Many of the times recorded, which all occurred after he said he found out she was 13, were late at night or in the early hours of the morning.

Fairgray accepted he went to her house on some of the listed dates, but said a number of the pins may be recording his phone passing by on the main road by her home.

When questioned about a pin from September 27, 2023, Fairgray claimed he had been outside her home and they had discussed the abortion she was planning to have.

McNabb then reminded the jury the girl had the procedure on August 3.

Usually, the burden to prove charges lies with the prosecution. However, in this case the defence did not contest that she was 13 when the sexual conduct occurred.

Judge Thomas said the jury needed to consider whether, on the balance of probabilities, the accused had a reasonable belief that the girl was 16 and that he took reasonable steps to find out whether she was 16.

“He has to prove both of those things.”

Fairgray pleaded guilty to one charge of supplying cannabis at the start of his trial last week.

Sexual connection with a young person under 16 carries a maximum sentence of 10 years’ imprisonment.

Supplying a Class C drug carries a maximum penalty of eight years in prison.

Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.

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