Naked man in loo had previous history of child porn

BELINDA FEEK
Last updated 10:47 28/03/2014
Graham Lee Bartlett
FAIRFAX NZ
CHARGE DENIED: Graham Lee Bartlett leaves the Hamilton District Court with lawyer Jarom Keung.

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A Hamilton man allegedly found naked and kneeling over a baby in a shopping centre toilet says it was a simple misunderstanding.

Graham Lee Bartlett, 25, told Judge Glen Marshall in the Hamilton District Court yesterday that he had been sitting on the toilet when a baby he was looking after threw a dummy, and he reached over to grab it.

It was then a cleaner at Te Awa, part of The Base Shopping Centre, walked in, on September 4 last year.

However, while taking the stand, Bartlett did admit to three years' earlier fantasising sexually about young children when he was sentenced on four charges of possessing objectionable material.

Bartlett denied one charge of performing an indecent act, but yesterday pleaded guilty to five charges of possessing objectionable material after police searched his house the day after the incident.

Bartlett was looking after a woman's baby on September 4, 2013, and visited Te Awa, where he took the baby into the disabled toilets.

After about 15 minutes, cleaner Jan Dixon went into the toilet to clean it as part of her morning routine and noticed Bartlett sitting on his knees, naked, on the floor as the baby lay - with no clothes on the bottom half of the baby's body - on the floor in front of him.

Mrs Dixon testified that Bartlett also had an erection.

She said she got a shock and walked out again after a few seconds.

Crown prosecutor Sheila Cameron said the fact Bartlett had previous convictions for possessing child pornography, was found in the compromising position in the toilet as well as being found with more child pornography, "proved his sexual motivation with the complainant in the toilet".

In a police interview, Bartlett said: "Look it's not my thing", but his history proved otherwise, Ms Cameron said.

The baby's mother also took the stand and said Bartlett looked after the baby and helped bathe the baby on a daily basis.

Giving evidence, she said she was surprised that he was so involved with the baby's care - despite only knowing him for a few weeks - but figured "that there must be actually guys out there that are willing to take on these things".

"Graham would do anything I needed to help out. I was quite shocked at the start at how much he helped out."

In total, the woman knew Bartlett for two months and in the end Bartlett was in charge of bathing the baby, although he would shower with the baby instead, the mother said.

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Bartlett took to the stand himself, and told his lawyer Jarom Keung that he never thought of the baby in a sexual way.

However, he did admit when being found with child pornography by police in 2009 he did think that way, but he was going through serious personal issues from his childhood.

As for the child pornography found on his hard drive last year, Bartlett said he bought the hard drive from either TradeMe or the waste disposal recycling centre, and it was already on there.

He had meant to delete it but "pushed a wrong button" when formatting the drive.

Bartlett said he dismantled and rebuilt computers and laptops for a hobby, and it was common for porn to already be on the hard drives.

Bartlett told Mr Keung he took so long - nearly 20 minutes - in the toilet because "it took a while to get all the buggy undone to get him out and unload the buggy of all the changing stuff that you need".

The trial will wrap up today.

- Waikato

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