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Home / Northern Advocate

Backpackers owner jailed for indecent assaults on tourists

Northern Advocate
30 Jun, 2017 01:30 AM4 mins to read

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Michael Harris, 58, stupefied and indecently assaulted 19 young men at his Main Street Backpackers lodge in Kaitaia between 2005 and 2014.

Michael Harris, 58, stupefied and indecently assaulted 19 young men at his Main Street Backpackers lodge in Kaitaia between 2005 and 2014.

A Kaitaia backpackers owner has been jailed for eight for drugging and indecently assaulting 19 male tourists staying at his lodge.

Michael Harris, 58, appeared in the High Court at Whangarei for sentencing after pleading guilty to 42 charges that included 12 of stupefying his victims, one of attempting to stupefy, 15 of indecent assault, seven of making an intimate visual recording, and seven of possessing an intimate visual recording.

The charges relate to 19 victims, aged between their late teens and late 20s he took advantage off at his Main Street Backpackers in Kaitaia.

Indecent assault carries a maximum term of 7 years jail and stupefying five years, while the visual recordings charges carry three year maximum jail terms.

Defence lawyer Doug Blaikie said a starting point of 3 and a half years jail was appropriate and there was no evidence Harris carried out the offences for sexual gratification. He said Harris pleaded guilty to the indecent assault charges after an earlier court ruled that removing the men's clothing amounted to indecent assault.

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"There is no evidence suggesting he was aroused or he got any sexual gratification from it," he said.

Mr Blaikie said it would be wrong to sentence Harris to a term greater than any of the maximum terms for the crimes.

Mr Blaikie said this was a very unusual and complex case and in his 42 years as a lawyer he had never seen a case like it.

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He said after two years he was still struggling to understand why Harris committed the offences and Harris himself had no real explanation.

But, Mr Blaikie said, Harris had a difficult childhood and was looked after by his brother, who was four years older than him. He said Harris would often cuddle up to his brother for comfort.

He said Harris had difficulty communicating feelings of intimacy with people and had never had an adult relationship and had formed a close, platonic bond with the victims and he wanted a record of them because he knew he would never see them again.

Mr Blaikie said the indecent assaults were at the low end of the scale and there was no touching of their genitalia or penetration of the victims or gross indecencies.
He said other than this 'character flaw' Harris was a high functioning adult.

Crown lawyer Bernadette O'Connor suggested a starting point of 9 to 12 years to take into account the totality of the offending, which was a gross abuse of trust.
Ms O'Connor said many of the victims were young people here on holiday from overseas.

Many had little poor English, were vulnerable so far away from home and Harris lulled them into feeling secure before drugging and indecently assaulting them.

She said the offending took place between 2005 and 2014 and there was a huge level of pre-meditation and planning. He chose his victims and invited them to stay in his home at the lodge in exchange for carrying out work for him. He then spiked their drinks with the sedative Temazepam.

"His prescription for Temazepam more than tripled after taking over the backpackers," she said.

She said the offending has had serious impacts on some of the victims, with one of their mothers commenting that she entrusted Harris to look after her most precious thing, her son, and he abused that trust.

Justice John Fogarty said the offending was serious, and included trespassing against the people and their privacy and the sentence had to be significant to reflect that.

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''The sheer volume of this offending; 19 victims and 42 offences, conducted in secret, largely exacerbated by the fact he stupefied his victims with a drug is serious culpability.''

The judge said if the offending was not for sexual gratification then what was it for?

He fixed a starting point for sentencing of 9 years imprisonment then gave a 12 month discount for Harris' guilty pleas and genuine remorse.

Justice Fogerty also gave Harris leave to apply for his sentence to be varied pending the outcome of a Crown application for the forfeiture of the lodge and his other property in Kaitaia, if that leads to reparation being paid to the victims.

The police summary of facts paints a picture of Harris regularly drugging visitors at the backpackers, rendering them unconscious. He would then photograph them, and get into bed and "spoon" or cuddle them from behind.

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