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Otago Daily Times
February 13 2008

Stewart sentenced after lengthy trial
NZPA

CHRISTCHURCH: Prominent Canterbury businessman Peter Maxwell Stewart has gone to jail for three and a-half years still asserting his innocence for historic sexual abuse convictions and has immediately signalled an appeal.

The Christchurch High Court was full of family, friends and business associates as 62-year-old Stewart — son of PDL founder Sir Robertson Stewart — was sentenced by Justice Graham Panckhurst.

The victim and her family were also there to see the sentencing, two months after the end of the trial in which the woman gave evidence of abuse by Stewart when she was aged 8 to 14.

The offending was from 1968 to 1974, when Stewart was in his 20s. Defence counsel Jonathan Eaton sought a reduced sentence for Stewart’s blameless life since then, and the public vilification that had taken place since his conviction on five charges of indecency, one of rape, and one of sodomy.

The jury had returned not guilty verdicts on four rape charges and could not agree on one other rape count.

Outside court, Mr Eaton told media Stewart was grateful for the continued support of family and friends. He said an appeal would immediately be filed and he would, therefore, make no further comment.

A statement from the family of the victim, a woman now in her 40s, said Stewart’s conviction brought some closure for her and those close to her.

‘‘Over the past three years, this horrible situation has devastated, disintegrated and destroyed families and extended families. It has stretched or ruined long-term friendships. This is minor to the fact that the victim has lived with her own hell for most of her life,’’ the statement said, asking for privacy for the woman.

Mr Eaton told the court Stewart still ‘‘adamantly maintains his innocence’’. His good character came through compellingly and overwhelmingly in more than 50 unsolicited references submitted to the court.

‘‘They speak of a man who is generous, loyal, kind, considerate, and who has made a considerable contribution to his farming community in Hororata.’’

He expected Stewart’s age and status in the community would cause difficulties in prison.

‘‘This is undoubtedly a case where the fact of imprisonment rather than the term of imprisonment is what is going to have the significant impact.’’

Justice Panckhurst said that although the convictions were not on representative charges, he regarded them as ‘‘a course of conduct’’.

Crown prosecutor Phil Shamy said ‘‘This was a course of conduct which involved grooming, game playing, and leading to violation.’’

The offending had been against a young girl who was a vulnerable victim.

Justice Panckhurst said Stewart was ‘‘entitled to significant credit on account of the fact that you are before the court aged 62 as a first offender’’.

He noted references describing Stewart as ‘‘generous, trustworthy moral, sociable, and gentlemanly’’.

‘‘How is one to regard the crimes that you committed as a young man? I can only see them as a stand-alone aber rant period in an otherwise good life.’

He was satisfied there was no need for personal deterrence.

No reparation payment had been sought by the victim, nor offered by Stewart.

He noted there could be no expression of remorse because Stew art continued to assert his innocence despite the evidence at the trial. He had admitted having consensual sex with the woman once, when she was aged 17.

After the sentencing, the Stewart family issued a statement ‘‘to make public their united and absolute sup port for Peter Stewart’’.

‘‘The family, including Peter’s wife Pieter and their children, fully believe in his innocence and are committed to fighting for that outcome. Preparations for an appeal are already under way,’ the statement reads