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Home / New Zealand

Stewart to appeal sex abuse convictions

12 Feb, 2008 12:23 AM4 mins to read

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Peter and Pieter Stewart. Photo / Michael Craig

Peter and Pieter Stewart. Photo / Michael Craig

KEY POINTS:

Prominent Canterbury businessman Peter Maxwell Stewart has gone to jail for three-and-a-half years still asserting his innocence for historic sexual abuse convictions and has immediately signalled an appeal.

The Christchurch High Court was full of family, friends and business associates as 62-year-old Stewart - son of PDL founder Sir Robertson Stewart - was sentenced by Justice Graham Panckhurst.

The victim and her family were also there to see the sentencing, two months after the end of the trial in which the woman gave evidence of abuse by Stewart from when she was aged eight to 14 years.

The offending was from 1968 to 1974 when Stewart was in his 20s. Defence counsel Jonathan Eaton sought a reduced sentence for Stewart's blameless life since then, and the public vilification that had taken place since his conviction on five charges of indecency, one of rape, and one of sodomy.

Outside court, Mr Eaton told media Stewart was grateful for the continued support of family and friends "which steadfastly continues today". He said an appeal would immediately be filed and he would therefore make no further comment.

A statement from the family of the victim, a woman now in her 40s, said that the conviction of Stewart brought some closure for her and those close to her.

"Over the past three years this horrible situation has devastated, disintegrated and destroyed families and extended families. It has stretched or ruined long term friendships. This is minor to the fact that the victim has lived with her own hell for most of her life," the statement said, asking for privacy for the woman.

Mr Eaton told the court Stewart still "adamantly maintains his innocence". His good character came through compellingly and overwhelmingly in more than 50 unsolicited references submitted to the court.

"They speak of a man who is generous, loyal, kind, considerate, and who has made a considerable contribution to his farming community in Hororata."

He expected Stewart's age and status in the community would cause difficulties in prison. "This is undoubtedly a case where the fact of imprisonment rather than the term of imprisonment is what is going to have the significant impact."

Justice Panckhurst said that although the convictions were not on representative charges he regarded them as "a course of conduct".

Crown prosecutor Phil Shamy said: "This was a course of conduct which involved grooming, game playing, and leading to violation."

The offending had been against a young girl who was a vulnerable victim.

Justice Panckhurst said the indecency offences had happened first, involving touching, masturbation, and one of oral contact. The sodomy on the girl had been "thankfully a single and isolated incident" when she was aged about 13, and had caused bleeding.

The rape took place when she had broken her ankle in a ski accident and Stewart was driving her for medical attention. She had endured the act so that the journey could continue.

The jury seemed to have accepted her frank evidence that she had later become infatuated with him, and they had returned not guilty verdicts on four more rape charges. They could not agree on one other rape count.

"You are entitled to significant credit on account of the fact that you are before the court aged 62 as a first offender." He noted references describing Stewart as "generous, trustworthy, moral, sociable, and gentlemanly".

"How is one to regard the crimes that you committed as a young man? I can only see them as a stand-alone aberrant period in an otherwise good life."

He was satisfied there was no need for personal deterrence.

No reparation payment had been sought by the victim, nor offered by Stewart.

He noted there could be no expression of remorse because Stewart continued to assert his innocence despite the evidence at the trial. He had admitted having consensual sex with the woman once when she was aged 17.

After the sentencing, the Stewart family issued a statement "to make public their united and absolute support for Peter Stewart".

"The family, including Peter's wife Pieter and their children, fully believe in his innocence and are committed to fighting for that outcome. Preparations for an appeal are already under way," the statement reads.

- NZPA

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