Victim's Memories Borne of 'Pain', Says Defence in Trial of Former Teacher Lindsay William Hutchinson

By Kaitlyn Offer
Courier Mail
February 13, 2013

http://www.couriermail.com.au/news/national/christ-church-teachers-behaviour-brazen-risky-prosecution/story-fndo20fy-1226577277261

An ex teacher from Claremont's Christ Church Grammar School is on trial for sexual assault of students. Source: PerthNow

A DEFENCE lawyer for a teacher accused of child sex offences in the 1980s has again questioned a victim's recall of events in her closing address.

Lindsay William Hutchinson, 63, is on trial accused of six charges of carnal knowledge against nature, six charges of indecently dealing with a child, and three charges of unlawful and indecent assault.

The charges relate to the repeated sexual abuse of a young Christ Church Grammar School student between 1983 and 1985, when Mr Hutchinson was the music director as well as a conductor of the school choir, the St George's Cathedral choir and another choir that he created.

Mr Hutchinson has pleaded guilty to some of the charges, but has denied the more serious charges, including allegations of rape, and the alleged incidents occurred on school camps and at Mr Hutchinson’s then home.

Today the prosecution and defence made their closing statements to the jury, with Judge Patrick O’Neal to give his directions to the jurors tomorrow morning.

Defence lawyer Mara Barone said evidence given by the victim was important in proving her client’s innocence on the rape charges.

In her closing, Ms Barone turned to the victim’s admission of drug and alcohol abuse to “destroy” his memories, which were made earlier in the trial.

“How accurate are (the victim's) memories when you compare them to the evidence?” she said.

She said the victim's memories were borne out of "loathing, hurt and pain."

Ms Barone said Mr Hutchinson had shown genuine shock when the suggestion of oral sex had been put to him while in the witness box.

“(He) has admitted to shameful things, shameful things he did for his own sexual gratification,” Ms Barone said.

“If he was trying to distance himself (from the rape charges) on purpose, why plead guilty?”

Teacher showed 'blatant, risky behaviour'

This morning, prosecutor David Davidson repeatedly said Mr Hutchinson had shown “blatant, brazen, risky behaviour.”

Mr Davidson said even though finer details in the victim’s story had been counteracted, the rape did happen because those events were so significant, they could not be exaggerated.

“Very traumatic things stay with you and they will stay with you until you draw the last breath in your body,” Mr Davidson said.

The prosecutor said if Mr Hutchinson’s victim had been making the stories up there were “much better stories to concoct” than the ones of the alleged attacks in Mr Hutchinson’s home and on school camps.

“He was candid, he was honest,” Mr Davidson said of the victim.