'Good' teacher's career over

Genevieve Doherty

Genevieve Doherty devoted 20 years of her life to teaching in communities that were "on life support" but she will never stand in front of a class again.

The 49-year-old was convicted and discharged on one count of forgery and one of using a forged document. She was discharged without conviction on another four charges.

"I love teaching and I love children and I know I'm a good teacher," she said. "But I will never be a principal again."

Ms Doherty had already pleaded guilty after being charged with creating fictitious night classes, drawing an extra $40,000 in Ministry of Education funding for her school near Murupara.

But she told the Herald she had been "betrayed" by the ministry, which had left her to run a school with two campuses 15 minutes apart and then come down on her like a ton of bricks for what she claims was a mistake that she "panicked and tried to cover up".

"They stretched one error in judgment into seven charges [one was dropped]. Each of these carried a maximum penalty of three years' imprisonment."

Judge Chris McGuire, in the Rotorua District Court, also questioned why there were six charges for one offence.

"Ms Doherty derived no personal gain from this at all," he said. "This strikes me as overkill."

More than 30 supporters turned out for the sentencing. One of those, Pem Bird, principal at Te Kura Kaupapa Motuhake o Tawhiuau, said the communities Ms Doherty represented could not afford to lose her.

She had shown selfless devotion while the ministry had "doubled her workload, doubled the anxiety, the stress and the tension".

He told the Herald it was a sign of the huge expectations placed on principals' shoulders by the ministry.

"Two disparate communities presented her with a mountain that was impossible to climb," he said. "No one could do justice to that job."

The offences took place last July. Ms Doherty had just returned from two months' stress leave when she signed forms saying the school roll included 24 adult students.

An audit investigation revealed there were no attendance records for the adult students. Ms Doherty said it was a mistake, but she was "terrified" so made up false records.

She accepts she did wrong, but is angry the ministry took her to court.

"After all these years of services and the expectations and personal sacrifice, then suddenly you are just being hammered."

Lisa Davis, prosecuting on behalf of the ministry, told the court it was considered quite serious offending given Ms Doherty's position and experience.

"The element of the abuse of trust as well as honesty is why the ministry wants a conviction. It's also a matter of public funds," she said.

It is thought to be the first case of its kind. Mr Bird said it was a reflection of a system that was out of kilter with the demands on today's principals.

As the sentence was handed down, Ms Doherty wept and her supporters cheered.

Judge McGuire said it was a "profound tragedy" that the former principal stood before him.

"I accept you were under profound stress, stretching yourself beyond what the normal human should have to be stretched and that simply is a fact of your tireless endeavours to your community; the sheer day-to-day hours that you put in, the stresses and the toll that that has ultimately taken on you."

He also criticised the wisdom of bringing such a case to court.

"These communities are almost on life support, such has been the erosion of facilities in recent years," he said.

Ms Doherty was one of "an ever dwindling core of people willing to do their best". The school, Te Kura Toitu o Te Whaiti-nui-a-Toi, in the isolated and low-income Urewera region, was formed in 2004 after the closure of Te Whaiti and Minginui Forest schools.

Kevin Wilson, senior manager for resourcing at the Ministry of Education, said the ministry was obliged to ensure that all schools were funded correctly.

"Boards must provide true and accurate roll returns to the ministry as this is the basis for their funding." 


Ministry defends case against Principal

Judge Chris McGuire criticised the Ministry of Education for bringing a case against Ms Doherty, suggesting there were better ways to discipline her.

But the ministry struck back after the sentencing and told the Herald it was " obliged to ensure that all schools are funded correctly".

"Ms Doherty might have had her heart in the right place for the people of her community, but it is fraud to falsify school roll returns,"said Kevin Wilson, senior manager for resourcing.

Judge McGuire said there should be provisions in the Education Act to deal with offences that "fall short of criminality".

It was, he said, similar to benefit fraud cases where defendants were charged under the Social Securities Act.

"The essential difference here is that Ms Doherty got nothing so in my view the ministry may care to consider that course under the Education Act in the future.

"One does not lightly charge a person like Ms Doherty with six serious crimes in view of, in her case, at least two decades of employer service to her community and the country."

The ministry said there was no such provision under the Education Act.

Mr Wilson also said the ministry investigated any auditing irregularities and referred suspected fraud to law enforcement agencies such as the Crown Solicitor.

"Decisions on prosecution are made by these agencies, not the ministry."