SA government says teacher Mieka Owens-Phillips must also be held accountable for abuse lawsuit filed by ex-student

A student alleges this teacher sexually abused her - and the government says she must also defend a compensation claim.

A teacher accused, in a civil case, of having sexually abused a student should also have to bear financial responsibility for the damages sought, the state government says.

In an unusual move on Tuesday, the government asked the District Court to make Mieka Owens-Phillips a party to the claim filed by her former student, known as “Bessa”.

It is rare for such a “joinder” to occur in SA cases of alleged institutional abuse and negligence, as purported victims take action against organisations rather than individuals.

Ms Owens-Phillips, the court heard, has hired a top barrister to fight the bid, while Bessa’s counsel says the dispute does not affect their client at all.

They said Bessa had deliberately chosen to sue the government and not Ms Owens-Phillips because the teacher has insufficient assets to cover the damages sustained.

Mieka Owens-Phillips. Picture: Supplied

In court documents, a former student known as “Bessa” alleges she was abused by Ms Owens-Phillips during her final year of high school more than a decade ago.

Bessa further alleges that, when she confronted Ms Owens-Phillips in October 2023, she replied: “I’ve been worried about this day coming.”

“I’m sorry that you now have a different perspective and can’t see the love,” she allegedly said.

“You’re welcome to destroy my life at any stage as you have the power, whatever you do won’t be as bad as what I have done to myself.”

Bessa alleges the government is vicariously liable for the abuse – which it denies, saying it does not admit any abuse occurred.

Ms Owens-Phillips has never been charged with a criminal offence and her teacher’s registration remains current.

On Tuesday, counsel for the government said they had been instructed to argue Ms Owens-Phillips should be joined to the case.

That joinder, they said, should be either as a co-respondent or as a third party.

Counsel for Ms Owens-Phillips said they had instructed barrister Paul d’Assumpcao to act for their client, and asked for a half-day hearing.

Andrew Carpenter, for Bessa, said his client did not oppose the application.

“It does not really impact us... if Ms Owens-Phillips is admitted as a third party, the government would be able to file cross-claim to recover any damages paid to our client,” he said.

“Our position from the start was that we did not join her to this action because she is impecunious and does not have assets that will be sufficient for the judgment sum.”

The court will hear further argument next month.