Man guilty of indecent act on baby
A judge has found a Hamilton man guilty of committing an indecent act on a baby in a shopping centre toilet, discrediting all but one part of his evidence.
In the Hamilton District Court yesterday, Judge Glen Marshall said the only aspect he found in favour of Graham Lee Bartlett, 25, was that he was wearing a T-shirt and not completely naked when found by a cleaner kneeling over a half-naked baby with an erect penis.
In the 1-day trial, Bartlett's evidence was that the baby he was looking after threw his dummy away as he sat on the toilet.
Bartlett said he stood up, with his pants around his ankles, and walked over in front of the baby to put the dummy back in.
It was then that the cleaner at Te Awa walked in.
But Judge Marshall noted that was in contrast to evidence given in court on Thursday when he said he was suffering from a hernia and caused his groin - penis - to swell.
The cleaner, Jan Dixon, gave evidence that it was an erection, and not simply swelling.
The judge said given Bartlett's previous convictions for possessing objectionable material - child and baby porn - coupled with the five latest similar charges he was satisfied that Bartlett's intention was "for sexual gratification or sexual arousal".
"There's no way in Mr Bartlett's position you could consider otherwise."
Bartlett was in the disabled toilet an "unusual" amount of time (13 minutes), he said.
Bartlett had also admitted having sexual feelings for children and babies when arrested by police five years ago, but said he had since been able to get over those feelings.
Bartlett was given a first strike warning by Judge Marshall as the charge was a qualifying violence offence.
He was remanded in custody to reappear for sentencing in May.