Critics to serve it up to minister

David Benson-Pope is expected to face calls to resign after the release of the police report into allegations he assaulted students. Picture/ Mark Mitchell

Cabinet minister David Benson-Pope's credibility is under attack after a police file revealed substantial evidence to corroborate allegations he assaulted students while working as a teacher.

Mr Benson-Pope yesterday continued to claim the assaults never occurred and highlighted parts of the report he believed were favourable to him.

The file, more than 1000 pages long, into allegations that Mr Benson-Pope jammed a tennis ball into a student's mouth and taped his hands to the desk was released yesterday.

It revealed that of the 27 students the police interviewed, nine confirmed the incident happened, 15 could not remember it and could not say whether it happened, and three said it never happened.

The students were all in the 1982 fourth-form social studies class at Dunedin's Bayfield High School where Mr Benson-Pope is alleged to have assaulted 14-year-old Phil Weaver.

The report summary from Detective Sergeant Malcolm Inglis said: "Evidentially there is sufficient evidence to say that this incident did occur and Philip Weaver did have a tennis ball put in his mouth and his hands taped to the desk."

Mr Benson-Pope is expected to appear in Parliament today when Opposition MPs will grill him over the evidence in the police file and over claims he misled the House in May, when he denied the assaults took place.

Prime Minister Helen Clark yesterday stood by Mr Benson-Pope, saying she had full confidence in him.

"From my point of view the fact that the police issued a decision that this was not a matter worth pursuing leaves the matter to rest."

Ten days ago the police decided it was not in the public interest to prosecute Mr Benson-Pope despite saying there was a prima facie case against the former teacher.

Mr Inglis said the three class members who denied the allegations about the tennis ball were "very supportive" of Mr Benson-Pope.

But he said the nine witnesses who recalled the event were "genuine" and did not "have an axe to grind in relation to Mr Benson-Pope".

Southern district commander Superintendent George Fraser said he reached the same conclusion as Mr Inglis that there was "evidential sufficiency" in relation to each allegation and that "prima facie" an assault did occur.

The police file also deals with an allegation that Mr Benson-Pope struck another student, making his nose bleed while on a school camp.

Act leader Rodney Hide, who first raised the allegations with National MP Judith Collins, said Mr Benson-Pope had to resign because he told Parliament categorically that the incidents did not happen.

"The police found the witness was credible, found the evidence overwhelming and found that while Mr Benson-Pope wants to quibble over what is said in the report, he can't escape the fact that police believe both assaults took place."

Ms Collins agreed that he must be sacked.

The minister refused to speak to the media yesterday, but released a statement and highlighted parts of the report he believed were favourable to him.

"I am pleased that the files reveal the majority of the class back my belief that these alleged events did not happen," he said.

But in his report, Mr Inglis said the 15 students who could not remember the incident could not say whether it happened.

Only three students out of 27 were definite that it did not happen.

Mr Benson-Pope also claimed that Mr Weaver had "significantly" changed his version of events in his police statement.

The minister highlighted three lines of Mr Weaver's nine-page police statement which said he recalled putting a tennis ball in his own mouth to amuse other students.

Mr Benson-Pope said this cast doubt over the whole scenario and supported his belief the incident never happened.

But the minister did not say that in the next paragraph Mr Weaver said Mr Benson-Pope then pushed the tennis ball into his mouth.

"My mouth was quite wide open," Mr Weaver said. "I remember that as it was quite painful in the jaw. He then taped my hands to the desk ... "

Mr Weaver said he had no axe to grind against his former teacher. "I just want Benson-Pope to admit he did wrong."

Mr Hide said he would again take a breach-of-parliamentary-privilege complaint to Speaker Margaret Wilson and would put a motion to Parliament to take the matter to the privileges committee.

THE BENSON-POPE FILE

Mitigating circumstances

* Time delay of 23 years.

* Different discipline used in 1982.

* Character of Mr Benson-Pope.

* Would a prosecution be brought against other teachers?

Aggravating circumstances

* Teacher-pupil relationship.

* Serious nature of the offence.

* Age gap - Mr Benson-Pope was 32, complainants were 14.

* Mr Benson-Pope's complete denial of the allegations.

What they said

* Investigating officer Detective Sergeant Malcolm Inglis:

"Evidentially there is sufficient evidence to say that this incident did occur and Philip Weaver did have a tennis ball put in his mouth and his hands taped to the desk."

* Cabinet minister David Benson-Pope on May 12 when asked in Parliament if he ever tied a student :

"I find such allegations ridiculous and I refute them."

When asked if he smacked a student in the face and made his nose bleed:

"That is a disgraceful allegation and I refute it completely."

The numbers

* 29 students were in the fourth-form social studies class at Dunedin's Bayfield High School in 1982 when the incident is alleged to have happened.

* 27 were interviewed by the police.

* 9 said it happened.

* 15 could not be sure either way.

* 3 said it did not happen.

- Additional reporting: Ruth Berry