A teenage boy claims he woke up to find a former teacher touching him in a closed room on their own.
Photo: RNZ / Dan Cook
Benjamin Christopher Missi Swann, known as Benjy, is on trial at the High Court in Auckland, facing 10 charges of an indecent act on a young person.
Mr Swann denies all the charges, which relate to seven boys.
The teenage boy said Mr Swann touched his privates while he was undressed in a room on their own. He and six other boys claim the accused touched them indecently, some while naked or wearing underwear.
The 55-year-old former teacher of 30 years denied there was any sexual contact with any of the complainants.
Giving evidence today, under questioning by Crown prosecutor David Stevens, one boy said he was reluctant for Mr Swann to see him without clothes.
"Why did you put your hands over your crotch?" Mr Stevens said.
"Because I didn't want him seeing it or touching it," the boy said.
But the defence, through lawyer Sam Wimsett, said that claim was not true.
"You were never naked, were you," Mr Wimsett said.
"I was, that's why I put my hands over my crotch," the boy replied.
A lot of details that the jury is hearing in the trial can't be reported, due to suppression orders to protect the identity of the complainants.
The teenage boy told a friend shortly after the alleged incident what he claims happened to him.
"He said he woke up to see [Mr Swann] touching his private parts, and he just pretended to sleep because he didn't know what to do. While he was telling me, he was crying."
The boy's mother also gave evidence. She told the court he talked to her privately, and said both of them were crying by the end of the conversation.
"I was so upset, and we cried. I was so surprised that he could talk to me, and I told him 'I'm so angry'."
A police investigation was launched following the boy telling his mother.
Mr Wimsett, the defence lawyer, said Mr Swann doesn't deny knowing the boys, or interacting with them.
He says their stories are not completely false, but are filled with some truths, some half-truths, and some outright falsehoods.
"I'm suggesting Mr Swann never touched your penis or testicles. Do you agree or disagree?" Mr Wimsett said.
"Disagree," the boy said.
The jury trial before Justice Duffy is expected to take three weeks.
