Allegations of Sexual Abuse


False Allegations - NZ Cases 2006

Wellington Teacher Case: Index




National Radio
Checkpoint
June 23 2006; 18:08

Rape Case thrown out (Part 2)
Presenter: Mary Wilson
Interviewing Irene Cooper, President of NZEI

Mary Wilson        More now on the case of the teacher charged with rape whose case was thrown out in the Wellington District Court today. The 43 year old whose name has been permanently suppressed was facing five charges including two of raping a 7 year old pupil ten years ago. The judge said in the case he was a victim of a young girl's make believe. On the line now is the President of the Primary Teachers Union, NZEI, Irene Cooper. Good evening.

 

Irene Cooper       Good evening

 

Mary Wilson        A pretty shocking case. Very rare for a judge to make a move like this. The girls said she was

Assaulted in a corridor: Other people would have seen this;

ssaulted in a room in a classroom: There was no such area;

Assaulted on a day that a student teacher was there: Would have seen something happening.

 

Irene Cooper       That's correct. What NZEI would say is that there have got to be processes for children to disclose, but equally there have gote to be processes to protect the welfare and reputation of teachers, particularly when the allegations appear to have very little merit.

 

Mary Wilson        But do you think the teacher's interests in this case were protected enough?

 

Irene Cooper       Probably not. I think it's a pity that the case was taken to Court. I think if the case had been taken to the Teachers Council there could have been an investigation at a lower level that would have resulted in it not needing to go to court. It was a decision of the police, not a decision of the Teaching Union

 

Mary Wilson        And so the teachers professional bodies has nothing to do with this then?

 

Irene Cooper       You would have to ask them for that but that's the other avenue that is open in terms of complaints against teachers.

 

Mary Wilson        Again it does seem extraordinary that it could have gone this far and that maybe we need to think about other methods to provide more protection to teachers?

 

Irene Cooper       I think we do, and I that this just points out - But in fact it's a relatively isolated incident - but we do have to point out that accusations came out of left field and they came out of history. And they have to be dealt with, and they have to be dealt with in a fair manner. What we have to do and think we have by permanent name suppression and protect the interests of the teacher, and protect the interests of his family and protect the interests of his school in which he wishes to resume his employment. What you can't do is account for the damage to the psyche of someone who has been accused like this and is now about to go back to work and try to develop responsible and respectful relationship with pupils.

 

Mary Wilson        And he will probably rarely never want to go near pupils again

 

Irene Cooper       Absolutely

 

Mary Wilson        And a message that this sends to other particularly male teachers. I Think in this particular case the suspended teacher has spoken of the level of interest from his other male teacher colleagues.

 

Irene Cooper       That’s right, and I think what we say in the profession if you go into a profession with fear then you can't actually teach. You have to go into a profession with confidence about being a professional and with the knowledge about how to act in certain situations. When this kind of thing happens it has to be dealt with. Unfortunately in this case the teacher has been exonerated and a person has been put through a whole lot of stress

 

Mary Wilson        And the message to other teachers is that you can do everything right but still end up in court because you are a victim of a child's make believe.

 

Irene Cooper       Absolutely

 

Mary Wilson        So, what do you see as the answer to try and stop this from happening?

 

 

Irene Cooper       I think it's in the process and I think full marks to a judge for not allowing the court case to proceed, and I'd have to ask questions in this case about the robustness of the case and why it got this far, but that’s not a professional process. That's the police process

 

Mary Wilson        But what could be done for the teacher by the professional bodies involved in teaching perhaps?

 

Irene Cooper       Well at this stage the only thing that could happen is counseling. I mean the NZEI has supported this member through with legal assistance, with counseling and support but it doesn't prevent the psychological damage, particularly when there is no substance to it and we've done as much as we can. We cannot prevent people from making accusations. What we can ask for is fair process. And we would say that the first process would be a process through the professional body, rather than a process through a court where there wasn't very clear evidence that there was a case to answer.

 

Mary Wilson        So when does the discussion have to take place with the police then? How would that work?

 

Irene Cooper       Depends what the reporting process is. But I think maybe the Teachers Council and the police need to have some good understanding about how that process should work.

Mary Wilson        So somebody comes forward and says this happened to me, and in this case it was an historical claim. What do you think the next process should be once the police are contacted perhaps by the former student's family. What should happen after that?

 

Irene Cooper       There has to be an investigation. It's a question of who does the investigation and the level of the investigation.  And that's a judgment call on the part of whoever receives the complaint. Now I am saying that there needs probably  some work done around boundaries there. And some agreed understanding. However I think no matter what you do some things are going to get through into the court and they're going to be dealt with and what we see here is that the judge has made a decision that this was not robust enough to be proceeded with and that's unfortunate for the teacher who now really becomes a victim of the case

 

Mary Wilson        But do the police as a matter of course contact the Teachers Council when these things come up.

 

Irene Cooper       I can't answer that for you. You would need to ask the professional body and the police what their processes are.

 

Mary Wilson        But do you think that would be a good idea?

 

Irene Cooper       I think it's useful

 

Mary Wilson        And do you think professional body - a teachers professional body - would be able to assess better than the police about the validity of claims

 

Irene Cooper       I think if the professional body has got the capability to complete investigations at a lower level and then complete investigations at a higher level. I think what we shouldn't have is two processes tripping each other up and I think that needs to be determined how that will work.

 

Mary Wilson        So what do you think needs to happen happen now? Some discussions with the police?

 

Irene Cooper       I certainly think there are some questions to be asked about why this proceeded as it did.

 

Mary Wilson        Thanks very much for your time. That’s Irene Cooper. She's the President of the Primary Teachers Union