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Home / New Zealand

Child sex abuser claimed 'miscarriage of justice', Supreme Court appeal dismissed

NZ Herald
13 Mar, 2021 08:00 PM3 mins to read

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Garry Nancarrow was extradited from Australia on multiple sex charges and sentenced in October 2018. Photo / Greg Bowker

Garry Nancarrow was extradited from Australia on multiple sex charges and sentenced in October 2018. Photo / Greg Bowker

A child molester who claimed to have suffered a miscarriage of justice has had his latest appeal thrown out.

Garry Nancarrow exposed boys to alcohol and pornography and told one victim he'd kill his entire family if he ever disclosed the abuse.

Police extradited him from Australia and in 2018 a jury found Nancarrow guilty on six sexual abuse charges.

The charges related to the repeated abuse of boys between 1972 and 1986.

Nancarrow was jailed for 4 years and 9 months. He appealed the conviction and has repeatedly protested his innocence.

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He went to the Court of Appeal, unsuccessfully appealing his conviction, and then to the Supreme Court.

Now the Supreme Court has dismissed Nancarrow's appeal, too.

Nancarrow had argued the trial judge and prosecutor had through error or omission behaved in ways that caused a miscarriage of justice.

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He told the Supreme Court the trial judge failed to provide a "relevance and repetition warning" about previous consistent statements from complainants.

He argued the prosecutor linked counter-intuitive evidence to the facts of the case.

Nancarrow also claimed the trial judge failed to give the jury adequate directions and said "prosecutorial misconduct" caused a miscarriage of justice.

But in a new judgment, the Supreme Court said Nancarrow was rehashing the same claims he presented at the Court of Appeal.

"The Court concluded that ultimately none of the alleged flaws in the trial, including a number no longer pursued, caused a risk of a miscarriage of justice."

Garry Nancarrow (right) was jailed for sex offending against three boys. He was best friends with David Tamihere (left) who went on to murder two backpackers. Photo / Supplied
Garry Nancarrow (right) was jailed for sex offending against three boys. He was best friends with David Tamihere (left) who went on to murder two backpackers. Photo / Supplied

The impact and trauma of Nancarrow's offending was described when he was sentenced after his 2018 Auckland District Court trial.

Judge Nevin Dawson said Nancarrow was known to the families of three male victims, and children were regularly left in his care.

He would manipulate situations to get the boys on their own and sexually abuse them.

One traumatised boy would sleep in a crawlspace under a house to hide from Nancarrow.

Convicted double killer David Tamihere was best man at Nancarrow's first wedding.

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The Herald obtained a wedding photograph showing Nancarrow standing beside his best man.

Tamihere was released in 2010 after spending 20 years in prison for the murders of Swedish tourists Sven Urban Hoglin and Heidi Paakkonen.

Tamihere, now in his late 60s, has always denied involvement in the murders.

Sexual harm: Where to get help

Safe to Talk: Sexual harm healthline: 0800 044 334 or Web chat 24/7
Rape Crisis 0800 88 33 00
Women's Refuge 0800 733 843 for free, any time
Family Violence It's Not OK 0800 456 450
Family Action 0800 326 327 Monday to Friday 8.30 am to 5 pm

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