School bus driver charge dropped

BY SONIA GERKEN
Last updated 05:00 05/03/2010

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School bus driver James McCorkindale had no idea what lay ahead when police were waiting for him last July at the end of his run.

They had been called by children on his bus who claimed the 70-year-old had assaulted a 12-year-old boy while the bus was parked outside a Gore high school.

After seven months of dealing with the stress of an assault charge hanging over him and his wife dying, Mr McCorkindale yesterday walked from the Gore District Court with the charge dismissed.

"It's a big relief," he said afterwards.

He had no ill feelings towards the boy or his family, who defended the bus driver during the court appearance.

The boy publicly apologised. "I'm sorry for what has happened. I don't want him to go to jail."

His father said: "He's not the best behaved child and has put Jim (Mr McCorkindale) into this position."

Mr McCorkindale said it had been an extremely stressful time but the incident had not put him off driving schoolbuses and he would continue to do so for as long as possible.

Explaining the details of the incident as though it were only a few days ago, Mr McCorkindale said he had approached the boy because he was pulling a girl's hair. He had asked the boy twice to let her hair go but the boy's only response was to swear at him.

"I only did what I thought was necessary to get him to let her hair go."

Mr McCorkindale said he had been called lots of things in the 30-odd years he had been driving schoolbuses but it was gradually getting worse. "There's no discipline anywhere."

He admitted he was "a bit" bitter with the way police handled the case, although he said he had nothing against local police.

The case had been referred by Gore police for diversion but it had been turned down by a senior officer, Mr McCorkindale said.

The child at the centre of the alleged assault got more than he bargained for in court yesterday when Judge Kevin Phillips had a constable escort him to the court cells.

Afterwards he told the boy to respect his parents and do what he was told – "you should be thoroughly ashamed of yourself".

During yesterday's appearance, Judge Phillips determined that the crux of the prosecution had been that Mr McCorkindale had applied a small amount of force to the child.

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- © Fairfax NZ News

2 comments
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greg   #2   10:40 am Mar 09 2010

Since we obviously cant have a law for every situation, the police must use intelligent discretion in a lot of instances. It appears that those who decide whether to prosecute will do so whenever they can get away with it, do they get some sort of bonus for the number of prosecutions?

Liberator   #1   03:12 pm Mar 05 2010

This should NEVER have gone to court. The driver was absolutely right to intervene. Duty of care - Nothing. I'm sure the police thought they had better things to do.

Just another rancid side-affect of the 'you-can't-touch-me' mentality. Whoever gave the boy that idea should be the ones sued by the bus-driver. But, luckely for them, he is too much of a nice person.

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