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The Press
October 21 2006

Witness adamant rape occurred
by John Keast

The complainant was giving evidence on day five of what is expected to be a two-week trial in the High Court at Timaru of former Salvation Army captain John Gainsford, 69, of Auckland.

Gainsford has admitted four counts of indecency but denies 23 other indecency and rape counts.

The offences are alleged to have occurred in South Canterbury at the time Gainsford was the manager of the Salvation Army children's home at Temuka, north of Timaru, in the 1970s.

The complainant, one of eight to give evidence, said she was 100 per cent sure that she was raped at Gainsford's home, and at a place called the woolwash, near the former children's home.

She said there were also many instances of indecent touching, two of which Gainsford has admitted.

But to a suggestion from Gainsford's counsel, Paul Dacre, that the rapes did not happen, the witness said Gainsford could not admit his guilt. She said it was his memory that was not right, not hers.

Dacre said Gainsford – likely to give evidence on Tuesday – would deny there had been intercourse.

The witness said: "He did it and he knows he did."

She said she complained to staff at the home about the indecent touching and she and another girl acted out what had happened.

But she said there was no point in telling adults who did not believe what they were told.

Evidence from Gainsford's former wife, who was also in the Salvation Army, was read to the court. She said she and Gainsford separated in 1985 and he had since remarried.

Gainsford, she said, had the main role in running the home as she was busy with her children. He told her in 1974 that he had been touching some of the children and had to see an army major. The witness said she was "thunderstruck".

The major asked if there had been penetration and Gainsford said "definitely not". The former wife said that Gainsford was told that if he moved away and worked with adults the matter would be dealt with. When police approached Gainsford about the allegations, he made no comment.

The trial is before a jury and Justice Fogarty. Dacre acts for Gainsford, and Tim Gresson and Craig O'Connor for the Crown.