Melbourne Northside Christian College students reprimanded for reporting teacher later jailed for assault, royal commission hears

By Nicole Chettle
ABC News
October 14, 2014

http://www.abc.net.au/news/2014-10-14/schoolgirls-reprimanded-for-reporting-teachers-behaviour/5812718

Pastor Denis Smith says he accepts he was partly to blame for what happened.

Three young schoolgirls were reprimanded for reporting the behaviour of a teacher who was later jailed for the indecent assault of children at a Melbourne school, an inquiry has heard.

The Royal Commission into Institutional Responses to Child Sexual Abuse is looking into how Melbourne's Northside Christian College handled complaints made against Kenneth Sandilands, who was a teacher from 1983 to 1992.

In December 1986 the school principal, Ken Ellery, was made aware of allegations against Sandilands and found there was no case to answer.

The commission heard the principal wrote to the school's senior pastor, Denis Smith, and said he was prepared to defend Sandilands "to the hilt".

In March the next year, three girls in years five and six said the teacher had placed younger girls from years one and two on his knee and touched them on the lower stomach and legs.

Pastor Smith asked assistant Pastor Keith Ingram to investigate and he found "the incident spoken of was largely embellished by the girls concerned and certain connotations put upon it that were constructed more on their imaginations than fact".

The commission heard the children involved were interviewed separately without their parents by a panel of between three and four school officials.

Pastor Ingram wrote at the time that the three grade five and six girls were to be given "a firm lecture as to the dangers and implications of their stories".

Sandilands was issued guidelines telling him not to pick up children, put them on his knee or be alone with a child.

Pastor Smith said that was a precaution against unproven allegations and he had no reason to suspect the teacher might abuse children.

"It simply was not sexual at that stage," Pastor Smith said.

"You're saying there was nothing in this memorandum that caused you to think there was any implication or indication or danger that Mr Sandilands was involved in some form of sexual abuse?" asked Simeon Beckett, the counsel assisting.

"Yes, because I was accepting the principal's response to me was that there was nothing proven," pastor Smith said.

The commission then heard Sandilands breached the guidelines twice in 1987 and kissed a girl.

Pastor Smith said he did not know about the kissing allegation and was asked why he did not sack Sandilands for breaching the guidelines issued by the school.

"The information I had placed before me was certainly not the information I have now," he said.

"The information I had then was that there were unproven allegations and there was a breaching of the guidelines but there was no recommendation that that was serious enough for him to be fired.

"My style of leadership is I'm not a micro manager. I trust the staff that are there. I empower the staff to do their job and ... the two pieces of information I had given to me, they were unfounded."

Pastor Smith told Mr Beckett he was partly to blame for what happened.

Mr Beckett: "So do you consider you bear any level of responsibility for the abuse of children by Mr Sandilands at Northside Christian College?"

Pastor Smith: "In hindsight, yes."

Mr Beckett: "And why do you bear that responsibility?"

Pastor Smith: "Because of the outcomes that have been tabled. Again it's a case of 20/20 vision. Had I known this I would have acted differently."

Pastor Smith resigned in 2001 when he learned the church required a loan to cover civil proceedings brought by people who were abused as children by Sandilands.

He told the commission he offered his resignation so that his salary could be used against the loan – but said there was no suggestion at the time that he had been negligent or failed to act properly in response to the allegations.

"On reflection of the information provided for the commission, I've learned of the harm caused by Mr Sandilands to many children at the college," he said reading from a statement.

"I am deeply saddened by what I've learned – the harm suffered. And of the deceit perpetrated by Mr Sandilands. It is my real hope and prayer that all those who have been affected will find a future hope for their lives."

A Senior Pastor at Encompass Church (formally known as the Northside Christian Centre), John Spinella, said Pastor Smith was asked to stand down from the board because of his handling of the abuse allegations – and the financial aspect was not the deciding factor.

"The whole thing was handled, I said the word 'bungled'. And the reason I said that is not enough was done," he said.

"Investigations did take place but they were not enough. And they failed.

"They failed in their responsibilities. But was it intentional? At that time I didn't think it was an intentional cover up."

He told the commission the college had a different approach today and any allegations of child sexual abuse would be immediately reported to police.

The hearings were to continue until October 17.