Benjamin Swann retrial: Ex-teacher guilty on five charges of sexually abusing young boys

Benjamin Swann. Photo / Jason Oxenham

A former Auckland teacher accused of sexually abusing young boys has been found guilty on five out of 10 charges.

Benjamin Christopher Missi Swann, 56, faced a retrial in the High Court at Auckland, accused of 10 charges of indecent acts on six boys.

The defence had argued that each of the boys lied, while the Crown said their accounts were honest.

This morning, by way of majority verdict, a jury found Swann guilty of five charges - relating to four complainants - and was unable to decide on the other charges.

Justice Simon Moore entered the convictions, issued a first-strike warning and remanded Swann in custody until sentencing on September 24.

Swann's defence lawyer Sam Wimsett had attempted to have his client granted bail, which was opposed by the Crown.

In opening the case, Crown prosecutor Chris Howard said when the first complainant confided in his mother it "triggered the police investigation" that identified five others.

Howard said there were common themes in the complaints, which was neither coincidence nor collusion.

"These allegations are similar because the defendant did similar things to all of these boys."

In his opening address, Wimsett said the evidence logically and forensically fell short of the burden of proof and he stressed that Swann very clearly denied the allegations.

A jury consisting of six men and six women retired to consider their verdicts last Monday at midday.

Shortly after 4pm the following day, Justice Moore told the group they could go to a majority verdict if a unanimous decision was not probable.

Justice Simon Moore pictured at another case earlier this year. Photo / Dean Purcell

Their deliberations were then suspended for three sitting days while Auckland was plunged into alert level 3 to combat an outbreak of Covid-19 in the community.

The jurors, all wearing masks, returned to court today and delivered their mixed verdicts shortly after 10am.

Earlier Justice Moore had told the jury that the reason this case was a retrial was "utterly irrelevant" and that retrials were not uncommon.

He had cautioned the jury against being influenced by prejudice or sympathy.

"As judges you must be fair and objective. You are a judge of the facts."

The burden of proof required the jurors to be sure "beyond reasonable doubt".

"It is a phrase you will all have heard before. It is a very high standard of proof."

Last year a jury was unable to reach verdicts on the case - despite deliberating for three days.

Swann's teaching career spanned more than three decades.

He had voluntarily agreed to stop teaching, according to the Teaching Council's register.

Benjamin Swann, also known as Benjy, was on trial in the High Court at Auckland. Photo / File