Police wrong, says Benson-Pope's lawyer

John Haigh QC

David Benson-Pope's lawyer, John Haigh QC, today said he disagreed with the police conclusion that there was a prima facie case against his client.

The Government is bracing itself for an opposition onslaught in Parliament today over the police report into the case.

The police investigation found nine independent witnesses who contradicted Cabinet Minister Mr Benson-Pope's claim to Parliament that he did not stuff a tennis ball into a student's mouth and tape his hands to a desk when he was a teacher at Dunedin's Bayfield High School in 1982.

The report, released yesterday, contained more than 1000 pages of files detailing the thorough investigation into allegations first raised in May by ACT leader Rodney Hide.

It said there was sufficient evidence to show that Mr Benson-Pope's 14-year-old student, Philip Weaver, did have a tennis ball put in his mouth and his hands taped to the desk.

But Mr Haigh said police had reached the only "proper decision" in deciding not to prosecute.

"All that has happened so far is the police have concluded there's a prima facie case, which I disagree with," he said.

There was a "conflict of evidence" and the police had done the right thing in deciding not to prosecute.

"It hasn't been scrutinised at all. The police view of a prima facie case doesn't get anywhere near proof that the events occurred," Mr Haigh said on National Radio.

If it was to be scrutinised, a court would have to decide whether there was a prima facie case and then the next stage would be whether it could be proved beyond reasonable doubt.

"The public should not assume that because the police made a view ... that there has been a case proven against him. There's a far cry from that and it seems to me that is eluding the media and certainly the politicians who are screeching their heads off in Parliament about this."

Of the former students interviewed, nine remembered the incident, 15 said they could not remember it and three said it never happened.

Mr Benson-Pope yesterday continued to deny any wrongdoing.

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

Mr Hide said the real issue now was whether Mr Benson-Pope misled Parliament when he three times denied the allegations.

Misleading Parliament is a serious offence, and if proved usually leads to resignation.

"We now have the problem of Mr Benson-Pope saying one thing in Parliament and the police finding the exact opposite," Mr Hide said.

Prime Minister Helen Clark said yesterday she accepted the police decision not to prosecute Mr Benson-Pope, and still had confidence in him as a minister.

- NZPA