Indecent assault appeal dismissed

An Auckland man convicted of indecently assaulting five young girls, including two sisters, has lost an appeal against both his conviction and sentence.

Robert Walker was found guilty at Manukau District Court last July of indecently assaulting five girls between eight and 13-years-old over a 4-1/2 year period.

He was sentenced to five years' jail with a minimum non-parole period of 2-1/2 years.

Walker appealed his conviction on the grounds that some material evidence was not called at trial and his counsel failed to properly cross-examine two of the complainants on differences between their police statements and trial evidence.

A Court of Appeal decision released yesterday (JULY 6) said the material evidence had "marginal, if any, relevance" and would not assist Walker's case.

Also, the jury had plenty of time to access the authenticity of each girl's account and "there will always be differences where young children give accounts of events which are not fresh in their minds", the report said.

"His (Walker's) grounds of appeal against conviction are not arguable."

Walker also appealed his sentence, saying the judge failed to distinguish between each complainant.

The court found the sentence start point of five years was not manifestly excessive and there were no mitigating factors.

"Mr Walker's conduct was sustained, demeaning and predatory. He deprived (one complainant) of her sexual innocence and the effect on her was severe."

Walker's offending against each girl followed similar patterns, the report said.

He would befriend the child and her parents to gain their trust, and eventually unsupervised company.

"There was a consistent theme of grooming, including encouraging the girls to consume alcohol before interfering with them."

- NZPA