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An Auckland teacher convicted of sexually molesting a 9-year-old pupil had already been marched from the classroom at another school for accessing child porn - but was not struck off the register of teachers.
Education Minister Steve Maharey last night ordered an urgent report on how Derek James
McCarthy was able to continue teaching.
McCarthy was found guilty in the Manukau District Court this week of molesting the boy at Weymouth Primary School in Manurewa in 2005.
Police said McCarthy, 36, would create situations where he was alone with the boy, then touch him sexually.
A police summary said McCarthy took the boy for "tutoring sessions", including one where he said he would touch the boy's penis if he did not answer multiplication questions correctly.
The boy then failed to answer, "What is 6 x 12?"
Weekend Herald inquiries have revealed that McCarthy was found to have been looking at child porn on a school computer at Mt Carmel Primary School in Meadowbank in 1999.
He left the school after a board of trustees investigation.
Mt Carmel notified the then-Teachers Registration Board of McCarthy's "serious misconduct". A hearing was held, but McCarthy was not struck off.
He left teaching for a time, but in 2004 applied again for registration - which the Teachers Council allowed even though the Mt Carmel misconduct file remained on his record.
McCarthy has taught at other Auckland schools, including Remuera Primary.
Weymouth Primary School would not comment yesterday, although it is understood it did not know of McCarthy's previous misconduct.
Mr Maharey was questioned in Parliament this week about another teacher whom the Teachers Council's disciplinary tribunal did not strike off despite his having posted pornographic pictures of himself and two women on internet sex sites with messages for girls to contact him.
Mr Maharey has been under pressure since December about the Teachers Council allowing teachers with drug, violence and sexual convictions to return to the classroom.
It is not known how many such teachers have been registered, but a Herald on Sunday report at the time identified 13 decisions since 2002.
Asked about McCarthy, a spokeswoman for Mr Maharey said the Teachers Council was reviewing its registration criteria which the minister believed was "timely".
Council director Dr Peter Lind would not give details of the registration board hearing that allowed McCarthy to continue teaching, citing privacy issues.
But he said the misconduct was not deemed serious enough to stop McCarthy's registration.
Dr Lind said the public could be assured that council procedures had been strengthened since 2004.
McCarthy contested the Mt Carmel misconduct charge at the time and his lawyer, Richard Earwaker, said forensic analysis of the computer showed the presence of the child porn was consistent with "accidental access".
The jury in McCarthy's case found him guilty of two charges of sexual conduct with a child.
He was acquitted of another charge of sexual violation.
McCarthy was released on bail. He will be sentenced next month, and faces up to 10 years in jail.
Among those to give character evidence for McCarthy's defence was Kohia Terrace school principal Mark Barrett, a friend and former colleague.
Mr Barrett told the Weekend Herald that while he knew "something had gone down" at Mt Carmel, he did not know it involved child porn.
He would not comment when asked if this would have changed his decision to give character evidence.
Mr Barrett said he had given references for McCarthy for some jobs but could not recall if he gave one for the Weymouth Primary job.
The National Party's education spokeswoman, Katherine Rich, said last night that she was sickened by McCarthy's actions.
"Clearly there would be no parent in the country who would want this person in front of their kids and if there is even a hint of this type of activity then parents have a right to know," said Ms Rich.
"It's sickening and any type of abuse against children can never be tolerated."
Ms Rich said she expected the Teachers Council to deregister McCarthy.
"Otherwise they need their heads checked.
"There are always extreme cases and many teachers get disheartened when cases like these are highlighted," she said.
"By far the majority of teachers are hardworking and are putting their heart and soul into teaching the kids."
