Indecent act case: Classroom 'not public'

A lawyer for the teacher indicated he'll argue a classroom is not a 'public place'. Photo / Thinkstock

The lawyer for a teacher at a prestigious school accused of doing an indecent act in his classroom will argue for the charge to be thrown out because it is not a public place.

The 48-year-old, whose name is suppressed, is defending the charge and was scheduled to make an application to have the case thrown out today.

His lawyer Richard Earwaker said his argument would centre around the fact a classroom could not be considered a public place.

The charge requires the police to prove the act happened in a place to which the public have access, or in view of such a place.

Mr Earwaker said his client denied any "indecent act" but that was not what he was there to prove.

"A member of the public can't wander on to a school and that's the whole point," he said.

It is alleged the teacher was caught in a compromising position by students in June last year but the lawyer said his client was in a second-floor classroom with the door closed at the time.

Mr Earwaker said the witness was "boosted" into a position to see the defendant.

But the hearing stalled when police asked for time to bring a staff member from the school to court to give evidence.

Eventually, Judge Ajit Singh adjourned the hearing until next month because it was "an important case and could have precedent value".

Both he and the lawyers said they had never come across a scenario where this specific area of the law had been tested.

A representative of the school - which is also suppressed - will give evidence at the next hearing and will be cross-examined about school policy before the judge decides whether the matter will progress to trial.

The teacher was suspended by the school after the incident before resigning the following month.

The New Zealand Teachers Council confirmed the man had signed a voluntary undertaking not to teach, but had been suspended anyway.