The Press
November 3, 2000
Music pupil's claims 'badly contaminated'
A music teacher
accused of indecently assaulting a 10-year-old girl has been cleared after a Christchurch
District Court judge ruled that her evidence had been "badly
contaminated".
George Thomas William Hendry, 47, was acquitted of two charges of indecent
assault.
The prosecution claimed that the girl had been indecently touched on two
separate occasions during music lessons at school. On both occasions she said
she walked out of the room but did not tell anyone.
The allegation only came forward weeks later after Hendry intervened in a
play-fight between the girl and her schoolfriend. He
allegedly tickled the friend, who then whispered to the girl that he was a
"feeler". The girl later told her friend what she claimed Hendry had
done to her.
However, Judge Neil Hattaway halted the trial at the
end of the prosecution case, ruling that it would be unsafe to allow it to go
further.
He noted that the girl had had weeks in which to tell her teacher, her friends,
and her family about the alleged indecencies but had said nothing until the
friend had suggested that Hendry was a "feeler". Even then, she
initially denied anything had happened until after the friend said: "He
did it to me. I know he did something to you, just tell me." The girl then
made the allegation about the two incidents during music lessons.
Judge Hattaway said the friend was slightly older but
"more worldly wise" than the girl and it was said the friend had been
"on a mission to get Hendry", including getting people involved in
that mission. The girl said there was a discussion around the school, with 15
people who had been involved but none of those had given evidence in court.
"The suggestion from the defence is that this was badly contaminated
evidence. (The friend) suggested the whole thing to her," the judge said.
"The conclusion I have come to is that the evidence is very dangerous.
There is suggestion, very strong suggestion, to (the girl), which finally
resulted in her telling her friend." It was the friend and not the girl
who had caused the allegation to be made to police.
That combination made it dangerous to allow the case to continue. Hendry was
discharged
The Press
November 2, 2000
Teacher denies indecency
A 10-year-old girl told nobody that her music teacher had allegedly indecently
touched her until a schoolfriend confided in her that
the man was a "feeler", a Christchurch District Court jury has been
told.
The girl said George Thomas William Hendry, 47, was a popular teacher because
his music lessons were fun, he told jokes, and she liked the way he sang.
However, during one music lesson when she was the only pupil in the room, she
claims he touched her on the thigh and was moving his hand higher until she
stood up and walked off. She was scared but told nobody, fearing that it would
get back to Hendry.
On another occasion, she was playing the guitar in the music room when she
again realised she was alone with him. He hugged her and started tickling her,
then moved his hand on to her thigh and groin. After a few seconds of touching,
she became angry and left, despite Hendry allegedly trying to grab her.
She did not tell anyone until she and a friend were play-fighting in the
playground. Hendry intervened and tickled her friend, after which the friend
whispered to the girl that he was a "feeler". The girl later
discussed with her friend what she claims Hendry did to her. The friend told
her mother, who informed the principal.
Hendry denied any indecent touching. The court was told he had chosen to resign
as a music teacher at the girl's school and other schools.
Pip Hall, defending, put to the girl that she used to put her arm around Hendry
or drape herself across him. She denied the assertion, but said she had seen
other children do that.
The trial before Judge Neil Hattaway continues today.