Benjamin Swann pictured at his sentencing today. Photo / Greg Bowker
A former Auckland teacher has been jailed for three years for sexually abusing boys.
Benjamin Christopher Missi Swann, 57, this year faced a retrial in the High Court at Auckland, on 10 charges of indecent acts on six boys.
The defence had argued that each of the boys lied, but the Crown said their accounts were honest.
By way of majority verdict, the jury found Swann guilty of five charges - relating to four complainants - and was unable to decide on the other charges.
Today at Swann's sentencing, his lawyer Sam Wimsett said, as always, his client was supported in court by his family, in particular today, his sisters and his niece.
"They are a constant support to Mr Swann."
Wimsett also said when confronted with the charges, unable to teach, Swann engaged in new study and worked in construction.
There was a "remarkably positive reference" from an employer who had been fully aware of all of the court proceedings.
Justice Simon Moore said Swann's defence at trial was that the sexual offending described by the complainants never happened.
That position had not changed even when interviewed for a pre-sentence report.
"You steadfastly maintained your innocence; more than once you blamed the victims. You said they lied about you because they had a vendetta."
Justice Moore said that unsurprisingly, the report writer did not believe Swann had taken responsibility.
The judge said the effects on the victims made for "incredibly sad reading".
One says "he is ashamed, lost and lonely even when surrounded by people who love him".
In sentencing, Justice Moore recognised that the defendant had no prior convictions and had prior good character.
But he also said there would be no discount for any kind of co-operation.
"The victims were put through two trials," he said.
After handing down the sentence, Justice Moore addressed Swann saying that despite the fact Wimsett ran a vigorous and sustained defence the 57-year-old was still found guilty.
As the presiding trial judge, Justice Moore said he agreed with those guilty verdicts.
"You are a man who has clear talents. You are hardworking."
The personal consequences had been great, he said.
"But the effects on the four boys you touched has also been vast.
"Use your time in jail profitably," he said, encouraging Swann to undertake the programmes available.
"When you are released you will be so a better and safer man."
Acting Detective Inspector Shaun Vickers, of the Counties Manukau CIB, said police wanted to acknowledge the courage shown by the young victims in this matter, who had to testify twice.
"It is due to their bravery in speaking up to police that this offender has been able to be held to account.
"Throughout the case, their welfare and privacy has been our utmost priority."
He also wanted to acknowledge the police officers who worked hard to ensure the victims were able to get the justice they deserved.
"This offender abused the trust of his victims and we hope today's outcome will give them some form of closure going forward."
Detectives flew to Victoria, NSW and Queensland as part of the investigation.