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Home / Gisborne Herald

Teacher not guilty of indecent assault

Gisborne Herald
18 Mar, 2023 10:20 AMQuick Read

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A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

A teacher accused of indecently assaulting a student told a jury students often stayed at his house and physical embraces were commonplace between teachers and students at his school.

The man was on trial this week in Gisborne District Court for three charges he denied of indecent assault. A jury deliberated for two hours before acquitting him.

He cannot be named due to automatic suppression that applies for the complainant — a teenager aged under 16.

The school, its location, and the dates of the alleged offending, are being withheld to further protect the girl's identity.

During the trial, the jury heard evidence individual students and groups of up to seven students often stayed at the man's house. He said he was not aware of any school rules about contact with students outside of school and the principal had given permission for students to stay with him.

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The girl's allegations were a result of her mistaking or misinterpreting his actions, the man said.

The girl said the man indecently touched her both times she stayed at his house.

The first time she stayed was because her ride home from a nearby event fell through. When she got to the house only the man's wife and one of their children was there.

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She fell asleep on the couch. She was woken later by the man sitting beside her touching her vagina through her clothing. She pushed his hand away, rolled over, and carried on sleeping.

She did not immediately tell anyone as at that stage, she did not know it was wrong for him to touch her there.

The second incident was a fortnight later, when she and a group of students stayed a weekend at the house. About 5.30am on the Monday morning, the man came into the room and lay down behind her on the couch where she was sleeping. He pressed his genitals up against her bottom, and put his hand on her thigh, the girl alleged.

She rolled off the couch on to the floor, where three other girls were asleep on mattresses.

Again, she did not immediately report the incident.

The girl also told the jury that for about a year, the man approached her daily at school wanting hugs. It was normal for teachers to hug students but other teachers only hugged her if she needed comfort or support.

The man's hugs were different and without cause. She did not like them. Sometimes he would be “hiding away” in a small hallway near his classroom, when he asked for them, the girl said.

The accused chose to give evidence. He said the girl's allegations ended his employment at the school.

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He said the first incident never happened. The girl might have dreamed it.

The second incident was not as she said. The girl was getting up as he lay down on his back on the couch. Only his side could have contacted her body and only fleetingly.

He only lay on the couch a short time while he hustled the girls on the floor to get up and ready for school.

The students wanted to stay at his house, several had asked him.

He thought it was a way he could show them his community was not all about gangs, as many perceived it.

Soon after he started at the school, students learned where he lived and would call him names using derogatory gang put downs. He wanted to show them not everyone in his community followed that path — there were lots of positive things happening.

He felt the students were being encouraged in their negative views by at least one other teacher at school, who he had seen giving a rival gang's salute to students she was greeting.

He had not noticed any change in the girl's attitude towards him after she stayed.

There was no time he felt unwelcome to hug her at school. It was she who initiated hugs. Hugging, kissing on the cheek, and other physical greetings were commonplace among teachers and students at the school.

The girl's evidence was supported by that of a teacher she confided in about three months after the second alleged incident. The teacher said the girl was upset and embarrassed and struggled to tell her. The girl disclosed the first incident later, on their way to the police station.

The teacher said she had noticed a change in the girl's behaviour but previously put it down to adolescence and was sad not to have considered abuse as an obvious alternative.

A detective said in evidence he wanted to interview other students about the allegations but the school's board of trustees chairperson was not forthcoming with information and the request ultimately went unanswered.

Police examined the man's phone but found nothing relevant to the investigation.

' Police confirmed the allegations were referred to the Teachers Council. A hearing is pending. Police were told by the school's Board of Trustees chairperson the school was unaware of students staying at the teacher's house and had not sanctioned it.

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