Allegations
of Sexual Abuse |
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Name suppression continues for teacher accused of
rape The identity of a
Wellington school teacher accused of raping a seven-year-old girl 10 years
ago will remain secret until after his trial in June, the High Court has
ruled. The 43-year-old man has
been charged with two counts of raping the girl, one of unlawful sexual
connection and one of assaulting her between January and July 1996. The man was committed
for trial following a depositions hearing in December, after which a District
Court judge refused to continue interim name suppression orders. The man's lawyer Paul
Paino appealed that decision in the High Court at Wellington on Monday where
he told Justice Alan Mackenzie his client was not currently teaching, but
would face substantial difficulties returning to his career if acquitted. In his reserved
decision released today, Justice Mackenzie said the fact the man was not
presently involved in teaching was relevant because it meant the public did
not have to assess the risk of him re-offending. "Any effect on
employment prospects after trial, must depend in large measure, on the
outcome of the trial." Although publicity had
the potential to cause other victims to come forward, it was unnecessary in a
case which involved a single victim and no evidence to suggest his alleged
offending may have been part of a more widespread pattern. The District Court
judge had placed insufficient weight on the presumption of innocence, Justice
Mackenzie said. The case against the
man was substantially based on the alleged victim's evidence and the judge
had failed to identify his denial of the offending and claim it was
"inherently improbable". The trial starts on
June 19 and is expected to take one week. |