Ex-teacher guilty of six sex offences

Friday, February 22, 2008

Some jurors wept as they acquitted an Auckland teacher of a sexual violation charge and seven indecent assault charges but found him guilty of six other sex charges involving teenage girls.

Heremia Smith, 30, formerly head of Maori studies at Glenfield College on Auckland's North Shore, was found guilty of four charges of indecent assault and two of sexual conduct against a girl under 16.

He was also found not guilty by the jury at Auckland District Court today of one count of sexual violation and seven other indecent assault charges in the period between 2002 and 2006 .

At least two jurors were in tears shortly after the verdicts were read.

Seven girls between the ages of 12 and 16 had made complaints against Smith.

Six of the complainants were pupils at the college while the seventh, who knew Smith through family connections, was the complainant in four of the charges, including the most serious sexual violation charge.

Police inquiry head Detective John Gilbert said there were mixed feelings among the complainants and their families.

"In relation to the charges the accused were found guilty on the victims have been vindicated," he said.

Those whose complaints were not upheld by the jury were naturally disappointed, he said.

Smith's lawyer Gary Gotlieb said his client felt he had a fair trial and was unlikely to appeal.

"I suppose he's relieved that he got acquitted of the most serious charges," Mr Gotlieb said.

"I think his feeling was that he wanted to end the matters and there is now some conclusion about to happen and everyone can move on."

Smith was remanded on bail for sentence on March 20. His bail conditions include not being alone with children under 16.

Judge Jacqueline Bouchier said a jail sentence was possible but that the courts would also have to look at the issue of home detention and called for four reports.

The jury gave its verdicts just over 24 hours after it began deliberating. Their verdicts were returned about 10 minutes after asking a second question about the legal definition of indecent assault.

Guilty verdicts were returned on three indecent assault charges relating to one complainant: removing her bra and shorts, touching her hand and putting it on his groin, and touching her groin with his finger.

Two guilty verdicts were returned in relation to another complainant on charges of sexual conduct on a girl under 16, a charge which came into effect in 2005. These were for changing and adjusting a pair of shorts on the complainant and for touching her legs.

One guilty verdict was returned in relation to a third complainant who alleged indecent assault by touching her legs. A not guilty verdict was returned on another charge from this complainant - indecent assault by touching her legs, bottom and genitalia some months earlier.

Not guilty verdicts were returned on four charges relating to one complainant. She alleged sexual violation by Smith inserting his penis into her mouth, and three indecent assault charges alleging he rubbed her genitals with his hand, held her hand on his penis and touched her legs and shoulders.

The other indecent assault charges for which not guilty verdicts were returned alleged Smith touched the breasts of one complainant, touched the shoulder of a second and touched the back and shoulders of a third.

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