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Home / New Zealand

Belting okay for wild boy says jury

20 Jun, 2002 10:16 PM6 mins to read

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By TONY STICKLEY and CATHY ARONSON

A jury has cleared an Auckland man of assault after he took a belt to his hyperactive stepchild as punishment for continually running on to the road in front of cars.

Jacob Peter Wilson felt a strapping was the only way the uncontrollable boy could be stopped from killing himself by playing chicken with the traffic.

A neighbour saw the belting and told police.

The 38-year-old Mr Wilson said he loved Shayne Ambler like his own son and had never used a strap on the boy before or since the incident on February 2 last year.

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But 7-year-old Shayne, who suffers from severe attention deficit hyperactivity disorder (ADHD), had raced on to a busy road near his Birkdale home four times in a row.

He was put in his room for time out, as recommended by therapists, but kept jumping out the window.

His mother, Louise Bliss, said she was so stressed by Shayne's defiance that she asked Mr Wilson to deal with her son and gave him a child's leather belt.

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"I knew that I was too angry to go near him,"she said. "I asked Jake to sort it out and scare Shayne so he wouldn't kill himself."

Mr Wilson took Shayne into the garage and hit him twice with the belt.

In the Auckland District Court last week, a jury cleared Mr Wilson of assaulting Shayne, despite a psychologist and psychiatrist telling the court that a hyperactive child should never be subjected to physical violence.

The jury's verdict came a few days before Governor-General Dame Silvia Cartwright criticised the law that allowed parents to smack their children.

But yesterday Mr Wilson's lawyer, Lorraine Smith, said the verdict was a rebuke for the view that a child should not be smacked in any circumstances.

"This was a resounding 'No, get lost' by the jury," Mrs Smith said.

She told the jury that this was a case of "spare the rod and spoil the child".

For Mr Wilson, the case was a retrial after the Court of Appeal ordered a new trial with more evidence.

He had been found guilty at the first trial, the jury recommending that Mr Wilson undergo a course of anger management.

He told the second trial that Shayne was a "really mixed-up kid".

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He would disappear for hours on end, going to the local shop to steal or to the swimming pool unsupervised, though he could not swim.

He would throw aggressive fits, smashing things, kicking doors and walls and swearing his head off - his bedroom had been virtually destroyed.

Shayne would scratch the car and cut up the seats.

He had set fire to the house twice, but Mr Wilson managed to put the flames out.

Shayne used to hit other children at kindergarten, had stabbed his brother's pet goldfish with pins and strangled his pet mouse.

The head teacher at Birkdale School, Roger Shearer, told the court that Shayne had once brought a knife to school and said he was going to "hurt children".

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The night before he had brandished the knife and chased off children delivering junk mail.

He had also kicked a teacher aide in the groin at his new school.

Mr Wilson said professionals had told them to reward Shayne every time he behaved by putting a marble in a jar that he could see.

If he misbehaved he had to stand in the corner.

Neither technique worked.

For a while Shayne was on Ritalin to control his disorder but Mr Wilson and Ms Bliss took him off the drug because of the way it affected him and because of fears of what it could do to children such as Shayne with heart problems.

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Mr Wilson said he had a rapport with Shayne because he suspected that he had also suffered from ADHD.

He would smack Shayne to "snap him out of his behaviour" during his worst episodes.

It was the only way the boy would listen.

Police said Shayne had welts on his buttocks but Mr Wilson said the marks went away the following day.

He felt he was justified in disciplining Shayne.

"If I didn't, I believe that a car would have run him over and we would be scraping him off the ground."

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People were making a "big deal" about Shayne being whacked around the bum twice with a belt to correct his behaviour, but Mr Wilson told the jury that if Shayne was not disciplined he would be in and out of court and jails for the rest of his life.

Mrs Smith said the professionals could not control Shayne's behaviour, but Mr Wilson's method had been effective.

Mr Wilson had told the court: "I don't mind telling you it works. He doesn't jump out of windows and doesn't run in front of cars any more."

He denied a prosecution claim that the incident had nothing to do with disciplining the boy and that he had simply lost his temper.

Mrs Smith told the jury: "It is clearly permissible to use reasonable force to correct a child and it is irrelevant that some people in our society, professional or otherwise, would like to outlaw completely any physical discipline of children."

The Herald visited the family at their rental home on Wednesday night. The warm, clean house was adorned with pictures of their six children.

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Shayne has his own room in the three-bedroom home because he cannot share with the others.

Ms Bliss said they did not hit their other children because they responded to normal punishment and discipline.

Their 12-year-old daughter was banned from watching Shortland Street, the 14-year-old son was grounded, the 4-year-old was sent to his room, their 3-year-old daughter was told off and 18-month-old son was cuddled.

Mr Wilson said he was shocked that he was arrested after he had explained Shayne's condition.

"They asked me if I hit him. I said yes. I didn't think they would arrest me. I didn't know discipline was against the law."

The couple said they had tremendous support during the court case and not one person had judged them for hitting Shayne.

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Mr Wilson said parents should have the right to discipline their children within reason.

"The day parents lose their rights to control their children, children will lose control and run amok." Shayne entered the room in his pyjamas about five times. Each time his mother calmly told him to go back to bed.

He seemed to be a happy boy with a big toothy smile but mischievous eyes.

He slotted his fingers together in a constant motion.

Ms Bliss said that was the strange thing about Shayne's disorder - some days her angel of a son would snap and become an "out-of-control monster" who scared her.

She wanted to help him now before it was too late.

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