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A former teacher has been jailed for three years for sexually abusing children.
Earlier this year Benjamin Christopher Missi Swann, 57, faced a new trial in Auckland High Court, charged with 10 counts of indecent acts against six children.
The defense had argued that all the boys lied, while the Crown said their accounts were honest.
By way of a majority verdict, the jury found Swann guilty on five counts, related to four whistleblowers, and could not decide on the other charges.
Today, at Swann’s sentencing, his attorney Sam Wimsett said that, as always, his client was supported in court by his family, particularly today, his sisters and his niece.
“They are a constant support for Mr. Swann.”
Wimsett also said that when he faced the charges, unable to teach, he turned to a new studio and worked in construction.
There was a “remarkably positive referral” from an employer who was aware of all the court proceedings.
Judge Simon Moore said Swann’s defense at trial was that the sex crime described by the complainants never happened.
That position had not changed even when he was interviewed for a pre-sentencing report.
“You firmly maintained your innocence, more than once you blamed the victims … you said they lied about you because they had a vendetta …”
Judge Moore said that, unsurprisingly, the author of the report did not believe that Swann had taken responsibility.
The judge said reading the effects on the victims was “incredibly sad reading.”
One says he is “ashamed, lost and lonely even when surrounded by people who love him,” he said.
After sentencing, Judge Moore addressed Swann saying that Wimsett made a vigorous and sustained defense even though Swann was still found guilty.
“He is a man who has clear talents. He is a worker.”
The personal consequences had been great, he said.
“But the effects on the four children that he touched have also been enormous,” he said.
“Use your jail time profitably,” he said, encouraging Swann to undertake available programs.
“When you are discharged, you will be a better and more confident man.”