Benson-Pope escapes assault prosecution

David Benson-Pope

Cabinet Minister David Benson-Pope has escaped prosecution despite police finding there appeared to be a prima facie case that he assaulted students while working as a teacher.

The police finding means Mr Benson-Pope could face parliamentary scrutiny over his denials in Parliament that he bullied and assaulted students at Dunedin's Bayfield High School in 1982.

After a six-month investigation, the police yesterday decided not to prosecute the Dunedin MP, saying it was not in the public interest given the historic nature of the alleged events.

Central to the police inquiry were allegations that Mr Benson-Pope taped a student's hands to a desk and jammed a tennis ball in his mouth, and that he struck another student on the face while teaching.

Southern Police District Commander Superintendent George Fraser said there was a prima facie case, although there was some conflicting evidence.

"The case simply does not warrant the use of the criminal law," he said.

Mr Benson-Pope is not the first Labour MP police have investigated and decided not to prosecute. In July 2002 police ruled that Prime Minister Helen Clark committed forgery when she signed a painting someone else had created but said prosecuting her was not in the public interest.

In 2000, police investigated Dover Samuels for sex offences and then cleared him of the allegations.

And last year former Labour MP John Tamihere was cleared by the Serious Fraud Office of wrongdoing while at the Waipareira Trust.

Yesterday, Mr Benson-Pope said he was "pleased" the matter had been resolved.

"If these allegations had substance I believe those making them would have taken them to the police, their principal, a teacher, a counsellor, their parents or any other person, some 23 years ago when they allege the events took place."

Two of the accusers, Phil Weaver and Aaron Tasker, who live in Perth, could not be reached for comment.

Act leader Rodney Hide and National MP Judith Collins, who raised the allegations in Parliament in May, said they would pursue a breach of privilege complaint because they believed Mr Benson-Pope may have misled Parliament.

"Mr Benson-Pope's big problem is that he told Parliament it didn't happen at all," Mr Hide said. "That's not what the police are saying."

Ms Collins said she was surprised the police had decided not to prosecute.

"It's quite different to what they normally do in relation to child abuse, even historical child abuse cases."

Mr Hide also said Mr Benson-Pope had been given special treatment.

"It seems to me that Mr Benson-Pope does have a case to answer, yet because he is a Minister they are not going to charge him. That suggests to me that they have two laws, just like Helen Clark with her painting that she signed but didn't paint."

Mr Fraser said this was not the case but said that if Mr Benson-Pope had not been in a public position the allegations would have been unlikely to surface decades after the events are said to have happened.

Prime Minister Helen Clark said, through a spokesman, that she welcomed the decision. Mr Benson-Pope would continue in the portfolios he has been allocated and the education portfolio would remain with Steve Maharey.

Mr Benson-Pope said he had been humbled by hundreds of letters and messages of support from former students and their families.

"I am also aware of information in the public domain about the character and standing of those that made allegations against me."

Cleared

* Prime Minister Helen Clark: In July 2002 police ruled she committed forgery when she signed a painting someone else had created, but said prosecuting her was not in the public interest. The painting was to be auctioned for charity.

* Labour MP John Tamihere: A Serious Fraud Office investigation last year cleared him of wrongdoing while he was chief executive at the Waipareira Trust.

* Labour MP Dover Samuels: In 2000 police investigated allegations of rape and under-age sex but did not press charges.

Prosecuted

* Two police officers and a civilian driver: Last August the three men were prosecuted for dangerous driving during the rushed trip to get Helen Clark from Waimate to Christchurch.

* National MP Shane Ardern: Prosecuted in 2003 for driving a tractor up Parliament's steps in protest against the "fart tax", but police later dropped the charge.

* Labour Minister Ruth Dyson: In November 2000 she was fined $600 and disqualified from driving for six months after a breath test found she was almost double the legal limit.