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Timaru Herald
October 28 2006

Gainsford found guilty

 

       John Gainsford

 

Seven days of trial and 10 hours of deliberation by the jury and John Francis Gainsford was found guilty on all but one of the sexual abuse charges he was facing. Herald Staff report.

The former Salvation Army officer was late last night found guilty on 22 sexual abuse charges involving children at the Bramwell Booth Children's Home in the 1970s.

In the High Court at Timaru the jury found Gainsford, 69, guilty on three counts of rape and 19 of indecencies.

He was found not guilty on one indecency charge. Gainsford stood impassively in the dock as the verdicts were read.

Justice Fogarty remanded Gainsford in custody until December 11 for sentencing.

He then thanked the jury for what had been an onerous trial and discharged them from jury service for three years.

Gainsford had pleaded guilty to three charges of indecent assault on girls under 12 and a charge of inducing a girl under 12 to perform an indecent act, at the start of the high court trial a fortnight ago.

Completing his summing up yesterday, counsel for Gainsford Paul Dacre suggested to put a child's hand over his penis in such a public place as on a bus full of children, defied logic, referring to one complainant who had alleged just that.

As to the alleged assault on the male complainant, Mr Dacre told the jury the evidence was quite outrageous – whether or not it was true. He described it as a brutal assault.

It was the most sustained of the assaults described by the complainants. It would have had to have occurred on a Saturday morning and in a public area of the home, meaning the complaint could not be credible.

"It could not have happened without people hearing. It was monstrous activity which simply can not have been correct.

He told the jury Mrs Gainsford's evidence was one of the most important witnesses, noting it had not been questioned.

"What was said in her presence 30 years ago was correct then, and correct now. It was the truth of what was going on in the home.

Her statement to the court told of a meeting with a senior Salvation Army officer, of Gainsford being asked if there had been any penetration, and his response had been "definitely not".

In his summing up Justice Fogarty had warned the jury that just because Gainsford had pleaded guilty to four charges they could not assume he was guilty of them all.

While there was no suggestion the complainants had concocted a story to make false allegations, they had been very young girls and had talked about what was going on.

Justice Fogarty advised the jury to watch for "borrowed recollections", asking whether the complainants could have got their memories from "girl talk" involving those who Gainsford had admitted indecencies with.