By SALLY KIDSON – The Nelson Mail | Friday, 14 November 2008
The trial of a former Nelson man fighting for what he says is his right as a Christian to hit his son will not go ahead, after the Crown decided to offer no evidence in the case.
http://www.stuff.co.nz/4761240a11.html
Rowan James Flynn, 53, was scheduled to stand trial on five charges of assaulting his 12-year-old son, when he was aged 11, and one charge of assaulting a female.
Mr Flynn, who now lives in Christchurch, also faced two charges of leaving a child under 14 without reasonable supervision.
The father of four told the Nelson Mail last year he had been charged after his son called the police.
He had hit his son about five times on the bottom with a wooden spoon after he was disobedient, and said it was a “tiny issue” that blew up. He said he also “clipped” his son around the face about a week after the incident with the wooden spoon. He told the Nelson Mail he believed his actions were justified by the Bible.
Nelson District Court Judge Tony Zohrab discharged Mr Flynn on Thursday after the Crown offered no evidence on the assault charges. The two charges of leaving a child under 14 without reasonable supervision were withdrawn Thursday morning. Crown prosecutor Janine Bonifant said the Crown had decided not to offer any evidence in the case, which was different from saying it did not believe the alleged offences had taken place.
Nelson Bays police area commander Inspector Brian McGurk said the dismissal of the charges had nothing to do with the merits of the case, the quality of evidence or the amendment to Section 59 defence.
“This was a clear case where the interests of the child had to take precedence, and the defendant in the Nelson case is well aware of those reasons, which are behind the Crown’s decision not to offer any evidence,” Mr McGurk said. “I am absolutely confident that the actions of my officers investigating the allegations against the father were thoroughly professional and the decision to prosecute was correct and was in the public interest.”
Mr Flynn told the Nelson Mail he hadn’t been told why the case wasn’t being heard, but he had been looking forward to going to trial.
Mr Flynn said he thought the case had been dropped because the Crown was worried it would be exposed for “what they had done, because the whole lot was lies”.
“This is consistent with all other polls done throughout the year, including research commissioned by Family First – that there is an 80 per cent opposition to the anti-smacking law because most people know that smacking for the purpose of correction is not child abuse.”3
– with NZPA
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