Anger at school's handling of staff member's sexual offending against 13-year-old

Tyrin Hamuera Tutaki. Photo / ODT

Parents of Bathgate Park School pupils have been venting their anger over the school's handling of the Tyrin Hamuera Tutaki situation.

The 21-year-old was a staff member at the school when he was investigated by Dunedin police and recently sentenced to nine months home detention and 200 hours community work for sexual offending against a 13-year-old boy.

'Huge fall from grace' for young leader - see court report below

On February 9, acting principal Katrina Robertson sent a letter to parents of pupils in the class Tutaki was working in, saying "there may be discussion occurring about a police investigation concerning a staff member who was employed ... briefly last year'', and because it was a police and employment matter, the school was unable to comment on the nature of the investigation.

"However, please be assured that the welfare, safety and learning of our students is always our top priority,'' the letter said.

Many parents are angry they were not notified about the potential threat.

"This makes me [expletive] sick,'' one parent said on a social media posting.

"As a community, all we want is our kids to be safe, yet here is this predator sitting amongst them at Bathgate Primary.

"I'm also disappointed the school wasn't open and forthcoming about this happening.

"I'm [expletive] off that when my partner rang them about my daughter, they lied and denied it.''

Another was angry the letter was not sent to all parents.

"Should've been sent to everyone and explained more ... that's crazy.''

University of Otago law professor Mark Henaghan said the school was stuck between a rock and a hard place, and it had done the right thing.

He said the school could not release details of the allegations because it would have jeopardised the trial.

"You can't have a fair trial if it's all over the town already.

"People start to form views pretty quickly. Rumours get around and it gets out of control very quickly.

"That's one of the difficulties for police trying to gather evidence that is untainted and unaffected by rumours and other things.

"It would totally jeopardise the police case. The police instruct you not to reveal any details and the school would have been obstructing justice if they did.''

Faculty of Law Dean Professor Mark Henaghan. Photo / Supplied

He said there had been similar cases where parents had been told what was going on and it made it very difficult for police to prosecute.

Henaghan said the school did the only thing it could - assure parents their children were safe in their learning environment.

Robertson said she understood why parents were concerned, but said she had acted as soon as the situation came to her attention.

She encouraged anyone with questions or concerns to contact her.

COURT REPORT:

A young Maori leader and leading voice in the battle against bullying has suffered "a huge fall from grace", a court has heard.

Tyrin Hamuera Tutaki (21) was a "leading light" in his community, his counsel Brian Kilkelly said.

"Tutaki was a trusted member of the community and was seen by many children as a role model due to his heavy involvement in Maori health and education programmes which targeted youth," police said.

As a teenager he addressed large gatherings on suicide prevention.

But he was harbouring a secret, the exposure of which led him to his own thoughts of self-harm.

Through his community roles, Tutaki met an 11-year-old in 2014 and began mentoring him.

Over the ensuing months, the defendant developed strong feelings for the boy, a police summary said.

"At the beginning of 2016 the friendship spilled over into a physical relationship, shortly after the victim's 13th birthday," it said.

The pair had regular contact and progressed from kissing to performing sex acts on one another.

In mid-June others began to notice their close bond and Tutaki decided their private contact should cease.

But a year later, they bumped into each other at a marae event.

An evening walk became a secret sexual liaison and the rendezvous was repeated a week later.

That was the last time Tutaki offended against the boy, who was then 13.

The Dunedin District Court previously heard how the duo would meet in "discreet public places" to engage in the illicit acts.

These included a rugby club, a primary school and the victim's home.

When spoken to by police, Tutaki said "their friendship had become a relationship where they both loved each other. Although he knew it was wrong, he felt confused and was unable to control the direction of the relationship when it became sexual".

Kilkelly said his client was fully aware of the gravity of his offending and was strongly motivated to address his issues so he would remain safe in the future.

"He has fully participated in describing and exploring his behaviours and thinking about offending," Kilkelly said.

He told the court Tutaki's work as a cultural orator, advocate for young people and emergency services volunteer would go on hold "for a significant time".

"His fall from grace has been huge."

Judge John Macdonald sentenced Tutaki to nine months' home detention and 200 hours' community work.

WHERE TO GET HELP:

YOUTHLINE: 0800 376 633 or text 234

SEXUAL HARM:
If you've ever experienced sexual assault or abuse and need to talk to someone call the confidential crisis helpline on: 0800 227 233 (08002B SAFE).

If it's an emergency and you feel that you or someone else is at risk, call 111.

You can also visit the police website for information about reporting sexual crime. http://www.police.govt.nz/advice/victims/victims-rape-or-sexual-assault