Man sentenced for indecency at school and in the cemetery

A Dunedin man who touched a dog walker in a cemetery explained his actions to police: “I was in that kind of mood.”

Judge Jim Large granted the defendant, in his 20s, a permanent name suppression yesterday when he was sentenced in Dunedin District Court.

The publication of the man’s name and image would undoubtedly cause him embarrassment, the judge said, but more than that, it could result in a deterioration in his mental health.

A physician evaluating the defendant described his “complex clinical presentation,” which could have been the early stages of a psychotic disorder.

The sexual abuse in the cemetery was the most serious of the man’s crimes, but it was not the first.

On February 1, a Saturday, the defendant was on the grounds of the Opoho School, on a raised hill behind the basketball courts.

He positioned himself in the “exposed area” and began to pleasure himself.

There were no children at the time, court documents confirmed. However, a contractor who was mowing the lawn saw the indecent act.

When the two made eye contact, the defendant walked away, but then returned to continue.

The gardener called the police and the offender was arrested.

The defendant told officers that he had committed the lewd act “to change the scene” and because he was bored.

He was charged and approved for diversion, a police plan in which defendants can avoid conviction. However, that was withdrawn after the events of April 10.

In the heart of the Covid-19 closure, at 10:45 p.m. M., The defendant was in the North Dunedin Cemetery when the 60-year-old victim entered the grounds with her dog.

When they crossed, the defendant doubled over to follow him and grabbed the man.

“The defendant held the victim by the buttocks for about two or three seconds,” read a police summary.

He tried to engage the victim in conversation, but the man fled.

In a statement, the victim said the experience made him “uncomfortable and a little disturbed.”

He had no lasting fears for his safety, but said of the offender: “I am concerned if his behavior is not controlled … He may reoffend … and potentially aggravate his infraction.”

Attorney Noel Rayner said his client had only committed to psychiatric services in February and planned to maintain regular contact.

On charges of committing an indecent act and indecent assault, Judge Large imposed an intensive supervision of 18 months.

The defendant would be monitored by GPS while serving sentence and barred from entering Opoho school or other areas specified by probation.