Stuart Van Dyken: Inner west teacher takes the stand in sex act trial
The teacher accused of performing a sex act with a student in an empty classroom has taken to the stand to give his version of events. While he admits to hugging and to have even kissed a student on the head he denies the sexual encounter.
Inner West
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A teacher told a court he hugged students and even kissed a girl on the head but denied performing a sex act with a teenager in an empty classroom.
Stuart Van Dyken took the stand for the first time on the sixth day of his trial.
The Leppington man, who was working at an inner west school, denies the charges of sexual intercourse with a child under special care and to an alternate charge of inciting a child over 16 to perform an act of indecency.
The 51-year-old addressed accusations already put to the court by the complainant and a number of her fellow students.
He admitted to a kiss, which one former student said “shocked” him, on the complainant’s forehead at a 50th birthday celebration organised for him by his students.
He told the court it was a playful gesture to stop the kids chanting “kiss the nearest girl” as his knife touched the bottom of the cake.
He said he had been chuffed when the students decided to throw him a party in the classroom, complete with tablecloths, sweet treats and a birthday cake.
He also responded to the allegation that a photo of the complainant was found in a hidden Keep Safe folder on his phone.
He told the court it might have been taken by a student.
He said he often asked students to document important events, such as his commerce class marketplace or the sports carnival, from his mobile while he was on teaching duties.
He also admitted to hugging students – but only if they had initiated it.
The sexual “mum jokes” were directly mostly towards one student whom he had a long-term rapport with, he added.
When asked to address the allegation that he performed a sex act with the complainant after school, he said: “Well it didn’t happen”.
Van Dyken then told the court he had been in the room for five minutes with the victim on the day she alleges the sex act took place.
He said he had agreed to meet for homework help in an empty classroom.
He said he told her “let’s get going”.
In the complainant’s statement, “to start” meant for her to begin the oral sex act, but Van Dyken told the court it meant to get started on the work.
He asked what work she wanted to go over and she said “everything”, which annoyed him, he told the court.
He told the judge only trial that she then started a general conversation about irrelevant topics and that “frustrated” him.
“(I) told her it was a waste of my time and I didn’t appreciate her wasting my time,” he told the court.
“(I) told her (her) attitude towards her studies would not get her far in life.”
He alleged he then told her: “If you’re not going to take this seriously, go home.”
She looked at him for a few seconds, he repeated the statement, and she left, he said.
He said it would have “been quite clear” he was annoyed at her.
Van Dyken told the court she attended school the next day and acted no differently for the rest of the term.
She continued to “pop in” to his office with friends and say hello, he told the court.
The defence case will continue tomorrow