Cairns crime: Edward Martin Fisher not guilty of indecent treatment of a child

At the end of an arduous three day trial in Cairns District Court, a jury took less than an hour to find a retired schoolteacher not guilty of multiple charges of indecent treatment.

MAY 27: A MAN who taught at Cairns primary and secondary schools for more than 30 years was found not guilty on six charges of indecent treatment of a child 43 years ago in Cairns District Court on Thursday.

Edward Martin Fisher, 72, pleaded not guilty at the start of the three day trial on Tuesday, before Judge Paul Smith.

The trial wrapped up after 5pm on Thursday and the jury deliberated for less than an hour.

Mr Fisher was initially charged on 10 counts but an amended indictment was presented dropping four charges.

Defence barrister Brydie Bilic highlighted inconsistencies in the complainant’s evidence.

“There is no other evidence in this case, there’s no eyewitness evidence, there’s no DNA evidence, there’s no medical evidence,” Ms Bilic said.

She said the complainant had first identified one White Rock address as Mr Fisher’s, then another house nearby, when he was taken there by police.

“It shows you how a witness’ evidence can be improved, how it can be helped along and they might have some vague details and a bit messier but it can be tidied up,” Ms Bilic said.

The delay in time meant the one person who could have shed light on the case, Mr Fisher’s wife, had died before he was charged.

Mr Fisher was interviewed by police just days after his wife’s funeral on June 4, 2020.

Crown Prosecutor Rachel Boivin said it was not unusual there was no other evidence “because these offences happen behind closed doors”.

The court heard the complainant had received a $500,000 compensation payout via the Royal Commission into Institutional Abuse but received $200 a week from the public trustee.

“He was not here to try and convict some random man for serious crimes, sexual crimes,” Ms Boivin said.

“He was made out to be a liar, but he held firm because he may not know whether he signed a police statement in 2017 or 2018 but he knows right from wrong.”

Giving evidence before the jury, Mr Fisher appeared to be overcome with emotion and crying when defence barrister Brydie Bilic asked him what was happening in his life at the time he was interviewed by police, on June 17, 2020.

MAY 26: A FORMER teacher charged with nine charges of indecent treatment of a child under 16 and one related charge has denied knowing the child or sexually abusing him.

Edward Martin Fisher, 72, has pleaded not guilty in Cairns District Court to the charges.

On the third day of the trial, the jury was shown a video of Mr Fisher being interviewed by Plain Clothes Senior Constable Damon Smalley in which he denied all allegations.

The Cairns Post will give the complainant, who cannot be identified, the pseudonym M.

Responding to questions, Mr Fisher outlined a number of schools he taught at, saying he spent 23 years at Cairns State High School, but he omitted to mention the school where he allegedly met M and sexually abused him regularly in the school toilets.

The court heard that M had told police he was taken to secluded bush spots by Mr Fisher in a gold coloured Sandman panelvan.

Mr Fisher told Snr Const Smalley he owned such a vehicle.

Asked if he knew M, Mr Fisher said “I know it is an Indigenous name, doesn’t ring a bell at all”.

Snr Const Smalley put it to Mr Fisher that he attended M’s home, befriending his family, and took M on outings, to his home where M met his wife Jean, and for overnight stays.

Mr Fisher denied this.

Snr Const Smalley said M recounted how Mr Fisher allegedly first approached him at lunchtime at the school and asked to meet him in the toilets, where he pulled both their pants down and told M to perform oral sex him, performed oral sex on M and got M to masturbate him.

“Absolutely not,” Mr Fisher responded.

“I’ve been a professional teacher, hearing this is completely insane.”

Snr Const Smalley said M alleged that Mr Fisher rubbed his anus, inserting his finger, and later used moisturising cream to stretch his anus.

“It’s ludicrous,” Mr Fisher said.

Snr Const Smalley said M alleged he was taken to a creek at Goldsborough where Mr Fisher, laying on a blanket, instructed M to masturbate him until he got hard, told M to squat on top of him, used moisturising cream then penetrated M’s anus.

“He said it was really painful, he got up fast and went to the creek, his anus was bleeding and he was crying, he got me to masturbate him and then he came,” Snr Const Smalley said.

“It’s disgusting hearing this,” Mr Fisher said.

“I don’t remember ever taking him anywhere … just a student at Cairns West.”

Snr Const Smalley said M alleged the abuse continued in the toilet block, at Mr Fisher’s home and other locations until he went to high school.

“They sound extremely traumatic and disgusting … I can’t remember any of that, it’s a blank to me,” Mr Fisher said.

The trial before Judge Paul Smith is continuing.

MAY 24, 25: A FORMER Cairns primary school teacher pleaded not guilty to nine charges of indecent treatment of a child under 17 and one related charge in Cairns District Court on Tuesday.

Crown Prosecutor Rachel Boivin told the jury that Edward Martin Fisher began molesting the complainant in 1979 so frequently and regularly it became almost normal.

The Cairns Post will call the complainant, who cannot be identified, M.

“It was a continuous cycle of conduct that first started in the classroom with Mr Fisher teaching M, he wheeled his chair close to his desk and touched M’s penis with his hand.

“He told M to meet him at the toilet block, took him into a cubicle, locked the door and molested him,” Ms Boivin said.

“At a swimming hole near Copperlode Dam, they walked into the bush and this was the first and only time that Mr Fisher tried to penetrate M’s anus with his penis.”

Ms Boivin said at a spot near Goldsborough, Mr Fisher told the complainant to ‘get naked’ so he could take photographs.

Mr Fisher was transferred from Brisbane to Cairns in 1979 with his wife Jean.

“Not long after that he took an interest in M and that interest was sexual and he acted upon it, the offending started at school, at the Fisher home, at waterholes and other places around Cairns, Mr Fisher took advantage of a position of trust, until M was finally out of his reach,” Ms Boivin said.

“He will tell you it happened a lot … with Mr Fisher popping up at his home, spending time at his house befriending (his relative), gaining her trust, to take M on outings that quickly turned to opportunities,” she said.

“He started to take him away for other reasons, to do jobs at his house, sometimes spending the night.”

Decades later, M told his partner and brother about the alleged abuse.

She said Mr Fisher would deny any knowledge of knowing the complainant or his relatives.

Ms Boivin said count one occurred in the classroom, count two, three and four occurred in the toilets at school, when Mr Fisher put his penis in the complainant’s mouth and put his mouth on the complainant’s penis, and put his finger in the complainant’s anus.

Count five related to getting the complainant to masturbate his penis, count six related to penetrating the complainant with his penis, count seven was when the complainant was taken to Goldsborough for photos, and counts eight, nine and 10 were allegedly offences that occurred in the bath at teacher accommodation near Cairns.

Defence barrister Brydie Bilic said the crown case relied solely on the complainant.

“This did not happen,” she said.

“It depends on you accepting M as honest and reliable and there’s some markets you can look for, assessing that – examine the who, what, where and when.

“Who – keep an eye out for name changes, what – where evidence may have shifted, where – evidence about the house, when – pay close attention to the dates,” Ms Bilic said.

“Consider how his evidence may have chopped and changed.”

The trial before Judge Paul Smith is expected to last three days.

Originally published as Cairns crime: Edward Martin Fisher not guilty of indecent treatment of a child