Tennis ball, punching allegations laid bare

David Benson-Pope in the 1983 Bayfield High School yearbook.

The entire police file on the assault allegations against Cabinet minister David Benson-Pope was released yesterday.

It contains statements from former students and teachers of Dunedin's Bayfield High School when Mr Benson-Pope taught there.

Former student Phil Weaver says Mr Benson-Pope jammed a tennis ball in his mouth to shut him up, and taped his hands to his desk during a class in 1982.

Another student alleges that during a camp the same year in the Catlins, Mr Benson-Pope backhanded him in the face, making his nose bleed.

Mr Benson-Pope denies the claims.

The file's release comes after police decided not to prosecute, despite feeling there was a prima facie case.

The Accusers

* Tennis ball incident

"If I remember rightly, I was talking in class. Mr Benson-Pope used to like tennis balls. If you weren't paying attention he'd throw one at you ...

"He bonked me with a tennis ball he had on an archery arrow that he used to hit you on the head with if you were doing something in class.

"I can't remember the sequence of events, but it was along the lines of me talking because it was something I did. I think it went from there to 'I'll stick the tennis ball in my mouth to show my mates', as a bit of a laugh ...

"He pushed it into my mouth. It was really uncomfortable so I took [it] out. He then pushed it back into my mouth.

"My mouth was quite wide open. I remember that as it was quite painful in the jaw. He then taped my hands to the desk ...

"I had to breath through my nose as it had sealed my mouth up. It was very uncomfortable. It's not a small object to have in your mouth ...

"I have no axe to grind against Benson-Pope. I wouldn't have brought this matter up if the media and [Act leader] Rodney Hide hadn't gotten into it. I'm now in a bit of a hard situation, as I'm not a liar and don't like being called one.

"I just want Benson-Pope to admit he did wrong. I didn't know that the police would become involved."

- Former student Phil Weaver

* Camp incident

"On the night of the incident we were meant to be in bed, for a while, but we were making a lot of noise - high spirits like you do ...

"Benson-Pope came over, and he got us all out of bed and made us stand in the hallway outside the bunk room ...

"What happened then was, I was a 14-year-old kid, I had my hands beside my side, I was looking at [name deleted], looking straight ahead. I was still talking. He had told me to shut up.

"The next thing that happened was I got a backhand punch from Benson-Pope, right in the face, in the nose ... It was a hard backhand punch with a closed fist, I think. I couldn't say for sure.

"It knocked my head back and it hit the wall quite hard. I hadn't expected that ... Everyone was a bit shocked.

"Benson-Pope spoke first and said something like, 'I am sorry that I hit you but you shouldn't pick on other kids.' The hypocrisy of that comment has lived with me for some time."

-Unidentified former student

What others saw

* Tennis ball incident

"On this occasion Phil must have kept talking because Benson-Pope has come and stuck the tennis ball into Phil's mouth. Phil took the tennis ball out of his mouth, but Benson-Pope came over and put it back in.

"He then taped his hands to the corner of the desk so that he couldn't take it out of his mouth."

-former student Aaron Tasker

"I do remember the incident where Phil Weaver had a tennis ball stuck in his mouth ... I don't remember his hands being taped or what led up to the incident."

- Unidentified former student

"Benson-Pope taped Phil's hands down and placed a tennis ball in his mouth."

- Unidentified former student

"I don't disbelieve what people are saying. The likes of Phil have no hidden agenda. I just don't remember it.

"Even if it was true, there is a lot worse things that happened at that school than David Benson-Pope and this needs to [be] put into context."

- Unidentified former student

"I cannot recall anything happening involving Phil Weaver and Mr Benson-Pope putting a tennis ball in his mouth. There may have been an incident, but I do not remember anything happening."

- former pupil Cherie Dunn

* Camp incident

"I do remember some type of hit from Benson-Pope to [name deleted].

"I couldn't say if it was a backhand, a forehand or a slap, but there was a sound with it.

" From where I was I would say it would have hit him around the left jaw. It was a bit of a wake-up call. It did shut him up - it shut everybody up.

-Unidentified former student

What David Benson-Pope told police

* Tennis ball incident

"I've got no recollection of any such event, and what I would say is that I have never, don't believe I have ever treated a student inappropriately or maliciously or used force on a student.

"Let me say that if such an event had occurred, it would have been known around the school with parents and students in that class and staff next door, within minutes.

"He [Weaver] was a difficult boy ... he's certainly one who was part of a gang that did some pretty extensive bullying of other students."

* Camp incident

"I've got no recollection of anything like that, and if an event like that had happened then he would have gone and complained straight away to the other staff and parents who were there. I just don't find that credible."

* Both incidents

"I have a very clear view myself that this is highly politically charged, that Rodney Hide has been working with one or two of these individuals who for reasons I don't understand have a grudge ...

"The way it was revealed in the media and Parliament in a beautifully orchestrated way reinforces that reality."

The police view

* Tennis ball incident

"Of the 27 interviewed to date, nine of the class remember the incident involving the tennis ball being put into Philip Weaver's mouth and his hands taped to the desk ...

"There are 15 class-members who cannot remember the incident. They cannot say whether it happened or not.

"Three class-members ... do not believe it ever happened. However, they are very supportive of Mr Benson-Pope as a teacher.

"The witnesses who recall the incident all appear to be genuine and do not have an axe to grind in relation to Mr Benson-Pope. Evidentially there is sufficient evidence to say that this incident did occur and Philip Weaver did have a tennis ball put in his mouth and his hands taped to the desk.

* Camp incident

"There appears to be only two surviving witnesses, with one verifying Mr [name deleted] account and one rebutting it.

"The credibility would need to be left to a jury to decide.

* Both incidents

"The evidence that has been gathered is admissible in a court of law and the witnesses for both incidents are credible and reliable. There is sufficient evidence to put the matters before a court."

"The appropriate charge as I see it, if a prosecution had been brought at the time, would have been assault under Section 196 of the Crimes Act.

"This would have been appropriate for both incidents as Mr Benson-Pope was a person in authority and had control over the pupils at the time.

"This is a major aggravating factor that would take the matters outside common assault under the Summary Proceedings Act."

- Investigating officer Detective Sergeant Malcolm Inglis