Allegations
of Sexual Abuse |
|
The man -- freed
when his son admitted he had lied after being nagged by a family counsellor
-- is the first to seek compensation since Cabinet laid down new rules in the
wake of the David Dougherty case. The Sunday
Star-Times revealed in November that another man, former IHC caregiver Andrew
Craig, had been jailed after it was discovered he, not the father, was the
real abuser. The man's
lawyer, barrister Rob Harrison, refused to confirm the size of the claim sent
to Justice Minister Doug Graham on Friday, but it is understood it will cover
actual loss and emotional harm. The man's
parents almost bankrupted themselves to pay for their son's defence -- his
68-year-old mother last week returned to work in an apple packing shed in
Nelson because the case took all their savings. Worse, his mother
said, it destroyed their lives. "I don't
know if you can measure the emotional cost of something like this," she
said. "To know
that your son, someone you love, has been accused and found guilty of
something he didn't do -- I don't know words that can describe it." She remembered
vividly her first visit to her son in Mt Eden prison. "My husband
and I were just crying. To go into a place like that I just thought `How could this happen to
us?' "They
brought out my son and there was this perspex between us. I asked the guard,
‘Please let me hug my son' and he said `I'm sorry, I can't do that'. "So we did
what you see on TV and I used to think it was corny: We held our hands up to
the glass. He was crying and saying `Mum, get me out of here'. What could I
do?" She and her
husband, who had retired to a mortgage-free $150,000 home in Blenheim, sold
it, traded down to a $100,000 home with a $30,000 mortgage, and spent $50,000
on his appeal. The The judges noted
the son had retracted the allegations against his father and had named Andrew
Craig as his abuser before his father's trial. This information
was given to the police -- before the trial -- but was never passed on. The son said he
blamed his father because he had been disciplined for being naughty and
because his counsellor "kept nagging me, asking the same questions over
and over". The boy had been
in counselling because of behaviour problems. The father, who
now lives with both his sons and new partner, said he carried the stigma of
being a paedophile for three years after he was charged. "Compensation
would say that what they did to me was wrong." But he also
wanted to repay his family and partner for their support. "Compensation
will help me get my life back." Cabinet's new
rules on compensation, released after the Government refused to pay David
Dougherty for more than three years he spent in jail for a rape he did not
commit, say, among other criteria, acquitted or pardoned people must prove
their innocence to qualify. |