The Kaikohe jury trial before Judge Brandt Shortland lasted three weeks. Photo / Peter de Graaf
WARNING: This article deals with allegations of child abuse and may be upsetting to some readers.
Three foster caregivers have been acquitted on 52 charges after five children they previously looked after were unable to persuade a jury during a three-week trial that the were abused.
At the Kaikohe District Court through September, the jury heard the Oranga Tamariki caregivers had a long history with the state care provider and had multiple children in their care at various stages.
The elderly husband, Steve* and his wife, Allison* lived in Taipā and had two children while their son, Bill* lived in Pawarenga and had another two children who would move between both homes on family occasions.
A fifth child, who had stayed with the couple briefly, also gave evidence at the trial.
The jury heard evidence from all the children – most who are now adults – concerning allegations they were hit, slapped, spat at, hit with a black pipe and made to stand on a tree stump for up to three hours at a time.
One complainant alleged he was run over by a quad bike, driven by Bill, then dragged onto the back of the bike and beaten. The boy eventually ran away with another complainant.
All three defendants gave evidence and maintained none of the allegations happened and their lawyers submitted the story was fabricated between the children after one of them was caught attempting to steal a car to escape.
The Crown submitted there was no way five children, who had all lived with the caregivers at various stages, had got together and colluded.
The Crown timeline had two children running away from Steve and Allison then later another child reported abuse by the same caregivers. Later that child and another child who was placed with them also ran away and were picked up by Oranga Tamariki.
“What one kid might think is bad, another might think is normal... They’re different ages, they have different ways of communicating,” Alex Goodwin said in closing statements to the jury.
Bill’s lawyer, Martin Hislop told the jury the children were placed on the farm and kept busy but it was not the life of slavery they had made out.
Hislop said one of the children had told Steve he was coerced by another child to say he was abused by the family.
“They stayed together for some time in Whangārei, this was where the collusion happened,” Hislop said.
“This story doesn’t make sense.”
Hislop also noted the Crown had not provided any physical evidence the assaults had happened and only one social worker gave evidence who could only recall seeing one bruise.
Steve’s lawyer, Grant Anson, agreed with Hislop and also drew the jury’s attention to the fact one of the children was under the influence when she made her evidential interview.
Anson also pointed out the girl had said she loved Steve and Allison and it was the best home she had ever stayed in.
The girl claimed she had been spat on and slapped for running away and Anson reminded the jury she changed her story once under cross-examination.
“It gets compounded in court and she says ‘I watched my video and what I said on the video is all true’ and ended up telling you it wasn’t when pressed by a lawyer.”
Allison’s lawyer, Hugh Leabourn, said multiple people saw the children regularly and not one could confirm any injuries.
“I submit there is not a diamond piece of evidence you can not go past, it does not exist,” Leabourn said.
After two days of deliberations at the end of last week, the jury sided with the defence and found the Crown had not proved the charges beyond reasonable doubt and found the three defendants not guilty on all 52 charges.
*Names have been changed to protect the identities of the children.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
He fired a shot which flew past the son's head and through the TV.