Most pupils backed Benson-Pope, police report shows

David Benson-Pope

The police file into the David Benson-Pope tennis ball affair reveals most of the students in the class back the minister's version of events - although some students insist the incident did occur.

The Herald on Sunday can reveal that the file - which is to be released tomorrow - will show four students from Mr Benson-Pope's class at Bayfield High School in 1982 confirmed claims he shoved a tennis ball in a student's mouth and taped his hands to the desk.

But 18 classmates either denied the incident occurred or said they could not remember it. Three others described a similar event but differed on key points.

A second allegation that he struck a student at a school camp was not supported by witnesses.

The file is the result of a lengthy police investigation launched in May after Act leader Rodney Hide and National MP Judith Collins asked Mr Benson-Pope in Parliament if he had bullied students while a teacher in Dunedin.

Police announced on November 23 they would not be prosecuting the Cabinet minister, despite saying there was a prima facie case for the tennis ball and camp incidents, on the grounds that the cases did not meet public interest requirements.

When first accused, Mr Benson-Pope strenuously denied assaulting students. Last night he refused requests for an interview, but in a written statement said: "I have no recollection of these events and I do not believe they ever happened."

Mr Hide told Parliament on November 16 the police report would show 19 students witnessed the incident and that Mr Benson-Pope was guilty and had misled the House.

Of the 29 students from the class where the tennis ball incident allegedly occurred, police interviewed 27, including the original complainants, Phil Weaver and Aaron Tasker.

Due to be released last Friday, the file was delayed after a submission from Mr Benson-Pope requesting that personal information unrelated to the investigation be withheld.

The minister's statement last night said: "This case clearly demonstrates the dangers of relying on the memories of adolescents 23 years after an alleged event and after a huge amount of media hype."

Mr Hide said he was waiting on the release of the file, but attacked the Government and the police over their handling of the report.

"This just proves that we no longer have an independent police force in this country," he said.

"They give it to the Government first, who then prevent the police from releasing it and make submissions on what should be and shouldn't be in the report.

"I think it's appalling."

Speaker Margaret Wilson has twice declined requests from Mr Hide that Mr Benson-Pope be put before Parliament's powerful privileges committee to face charges he misled the House.

Associate Education Minister at the time the allegations were made, Mr Benson-Pope stood down from cabinet when the inquiry was launched. He was later re-appointed to the executive and now holds the Social Development and Employment, and Environment portfolios.

Mrs Collins said the evidence from the seven students who recalled the incident in some form meant the matter should be tested by a court.

"The police found that there was a prima facie case ... that actually means there's sufficient there to charge him and for him to be convicted unless a defence shows otherwise."

Mr Benson-Pope's lawyer, John Haigh QC, rejected the police conclusion there was a prima facie case, saying his client had only been investigated because he was a politician.

"The public would be quite wrong to think that because the police have phrased it in this way, that he did it, but they're not going to prosecute for some other reason."

What the students said

"I don't recall the incident involving Phil Weaver that has been in the media. I think I would have remembered if it happened, because it's not the sort of thing a teacher could or would do."

* * *

"I remember the tennis ball being put in his mouth. I can't remember why, everyone thought it was a bit of a joke at the time. I don't remember him taking it out or not, but the tennis ball was in his mouth. I can't believe that if a tennis ball was put in Phil's mouth and hands taped, I'm surprised it didn't get round the school and someone intervened."

* * *

" ... he would ping a tennis ball in the direction of students nattering too much or disrupting the flow. He also had a tennis ball on a pole which he used to bang on people's desks to bring you back from daydreaming. They are the only two I recall."

* * *

"All I am certain of is at one stage in Benson-Pope's class Phil Weaver had a tennis ball stuck in his mouth. I have no other details, I don't remember his hands being taped."

* * *

"After a bit of banter a tennis ball was handed to Phil by B-P and he was told to put it in his mouth. Although I don't think he took the ball out immediately, he did take it out."

* * *

"I reckon that if it happened and I was there I would have remembered it because it was unusual and I would have gone home and told my mother."

* * *

"I am clear that had it happened and I was there, I would have remembered."

* * *

"I didn't particularly like Mr Benson-Pope. I thought he was a bit of a tosser ... I certainly don't recall any incidents as described on TV, with Phil having his mouth stuffed with a tennis ball or any school camp incidents."

* * *

"I don't remember the bit about having the tennis ball in his mouth but I do remember him having his hands taped to the desk."

- HERALD ON SUNDAY