Weekend Herald editorial: Teacher's trial a lesson to the experts

Case that left teacher's career in tatters reminder that experts must remain vigilant. Photo / 123RF

Editorial

An Auckland schoolteacher has lived the nightmare of every male in his profession. Accused of indecent assault of three girls aged 11 in his Intermediate class, he was charged, spent a year waiting before enduring a six-day trial until one of the girls admitted under cross examination part of her testimony was untrue and a boy who claimed to have witnessed the indecencies admitted there had been an intention to get the teacher fired.

The jury took less than an hour to find him not guilty but the damage to his 40-year career was done. He was suspended by the school as soon as the allegations were made and does not feel he can return to teaching, the only career he has known. "I don't think I could ever trust the system of education, BOT governance, school hierarchical support or the devious nature of some children, to go back into a classroom," he said after the acquittal.

Teaching, he added, was "a minefield for males" who "all live in dread of accusations".

There are no villains in this story unless you count the children, who the jury disbelieved. They were children, old enough to know they were doing wrong but perhaps not old enough to know how wrong. They have been taught to be wary of indecent contact since their first years at school but the full force of the accusation on an adult might not be appreciated until they are somewhat older than 11.

In any case, they are not mature. Their accusations needed to be carefully checked by adults. Their school leaders, its board of trustees and ultimately the police decided to act on their account. The teacher's lawyer said he was surprised the case was brought to trial and has gone so far as to accuse the police of a "dereliction of duty".

There seems not much doubt all the adults involved took the easier course, passing the decision up the chain of jurisdiction. The detective in charge said it was important the police take allegations of assault seriously, especially those involving children. The prosecuting solicitor said it was not for the Crown to decide if there would be a conviction or not, but to lay charges based on the evidence. Even during the trial, the judge turned down an application for the charges to be dismissed and left the decision to the jury.

A case such as this is a tragedy for the person wrongly accused and, in this case, for education.Too few men can be recruited to primary school teaching these days. But it is no less a tragedy for children in any situation who suffer abuse and are not believed. Whenever this subject is seriously studied the recommendations are to take every accusation extremely seriously and report it to the authorities. That remains good advice.

This case has attracted attention because it is unusual. Very few false sexual accusations by children come to public notice, perhaps because they do not get as far as a trial or because false accusations are indeed as rare as experts in the subject say. But the case underlines the need for experts to remain as mindful of the rights of an accused as they are on the interests of children.

A veteran teacher's career has been ruined. His lawyer says the acquitted man would still be obliged to disclose the charges laid against him if he wanted to teach again. It was a case with no winner.