By Shannon Pitman, Open Justice reporter of
WARNING: This story deals with sexual abuse and may upset some readers.
A young girl hung her head before withdrawing from classmates after telling them she had been abused by her Oranga Tamariki caregiver.
Now that caregiver Shawn Bennett has been found guilty of a range of indecent assault charges.
The 65-year-old has been on trial in the Whangārei District Court before Judge Keith de Ridder on four charges of an indecent act on a girl aged under 12, three charges of unlawful sexual connection on a female under 12 and one charge of indecent assault on a female under 12.
Throughout last week the girl gave evidence, alongside witnesses that included her teacher, a child psychologist, a previous employee of Oranga Tamariki, the defendant, his wife and her new caregiver.
The jury of 11 heard Bennett and his wife were Oranga Tamariki caregivers for the child when she made a shocking statement to friends in her classroom, in front of a teacher, about sexual abuse happening in her home.
The teacher gave evidence the child withdrew immediately following the reaction of other students in the class and hung her head before she alerted authorities.
The child was placed with a new caregiver who gave evidence of details the girl disclosed about what had been happening in her previous home.
Defence lawyer Arthur Fairley called a previous employee of Oranga Tamariki who said over the many years Bennett had been a caregiver to many children, not one report of concern had been filed.
The incidents were multiple, ranging from behaving in a sexual way towards her to enticing the child to perform oral sex on him.
In closing arguments, Crown prosecutor Richard Annandale said although the child was young, her statements had been consistent with a number of people.
“When she tells her classroom, when she tells (her new caregiver), when she gives two evidential interviews, her story is consistent.
“Opportunity is what he had. He says he didn’t do what she says because he’s never had complaints before, this is the first time.
“The Crown says ‘There is a first time for everything’… reject his denials, ” Annandale said.
Fairley told the jurors to use their common sense because there were multiple problems with the Crown’s case.
“He has had numerous children in their care over the years, the former CYF official said they have not had one complaint … why would this man (do this) after all those years and all those kids?
“We are dealing with a child. Some of our grandchildren think the tooth fairy is true and say clearly why it is, but we know it is not because that is what a child’s mind does … You have to be sure, if you are not sure, you can’t convict him in law,” Fairley said.
On Friday, after two days of deliberation, the jury returned unanimous guilty verdicts on all charges as Bennett hung his head in the dock.
Bennett’s family were visibly upset as he was taken into custody to be sentenced in August.
* This story originally appeared in the New Zealand Herald.