A 75-year-old man who ``spent his whole life being a role model in his community'' has dodged a conviction for repeatedly touching a Dunedin student.
Peter Saisoaa's case looked set to go to trial after his continued denials of the offending, but when the Crown dropped the charges from indecent assault to assault and backed his application for a discharge without conviction, he changed his plea.
When he appeared in the Dunedin District Court yesterday, Judge Michael Crosbie granted the application, noting the prosecution's stance.
The judge also acknowledged the victim had not supported the criminal charges; all she wanted was a written apology, which Saisoaa had provided.
On July 19, 2016, the female student was at the defendant's Dunedin home.
Saisoaa went into a bedroom to ask if she was all right. He told her he loved her and she stood to give him a hug.
``He moved his hands to her breasts and squeezed,'' Judge Crosbie said.
A similar incident happened less than two weeks later and again on August 11.
``Obviously what has occurred here has been a breach of trust,'' the judge said.
``It seems to be characterised, unusually in the court's experience, as an irrational moment or moments on the defendant's part.''
The victim had not provided an impact statement for the court.
``She has very much moved on with her life,'' the judge said.
Defence counsel Anne Stevens provided a letter from Presbyterian Support and two other references regarding her client, which spoke of the man in ``glowing terms''.
Mrs Stevens said Saisoaa had been hit hard by the events and the court could be confident there would be no recurrence of his lewd behaviour.
In her application for the discharge, she cited his standing in the community and his age and stressed the great burden a conviction would place on him.
Judge Crosbie said his decision to grant the application was significantly influenced by the attitude of the victim and the Crown.
The process of coming before the court, he said, was enough to hold Saisoaa to account for his actions.
``This matter has been dealt with in a public forum; his conduct has seen him and will see him named and shamed, which is for a man of his age and background no small thing,'' he said.
