Magistrate convicted of indecent assault of teen boy launches appeal
Ex-magistrate Graeme Curran's lawyers have told a court it was unfair when he was convicted of indecently assaulting a teen boy because a prosecutor told the jury he had a "weakness for boys".
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A magistrate who was convicted of historic sexual abuse against a teenager has appealed the verdict saying he did not have “a weakness for boys”.
Graeme Curran was last year found guilty by jury in the NSW District Court of seven counts of indecently assaulting the boy in the 1980s, who was then aged between 13 and 15.
He launched his appeal against conviction and the two-year, four-month sentence in the NSW Court of Criminal Appeal on Thursday.
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His barrister, Phillip Boulten SC, took aim at the comments made to the jury by the Crown prosecutor at the end of the trial.
Mr Boulten said Curran was portrayed as having a “weakness” for the complainant and a “weakness for boys in general”.
But he argued evidence showed Curran had extensive contact with young, male family friends and nothing had happened.
The now former magistrate was described by those who knew him as “tactile” - a hugger - but “generous to a fault”, the court heard.
“There are very central issues of credibility involved in this case,” Mr Boulten said.
“A bad error by the prosecutor did have the effect of undermining (Curran’s) evidence in a significant way.”
“In a way it tended toward suggesting (Curran) had to prove his case.”
The appeal partly argues the central tenant of justice - innocence until proven guilty - had been up-ended.
Boulten also said there were numerous “inconsistencies” with the alleged victim’s testimony.
He pointed out part of the alleged sexual contact happened on a trip to the NSW south coast that ended with the now convicted magistrate crying and being consoled at his brother’s home.
The issue, Mr Boulten said, is that Curran’s brother didn’t move to that home until 1985, some years after the alleged assaults were alleged to have taken place.
The alleged victim’s memory of the events had also been an issue at the original trial, as well.
The jury heard the alleged victim had contacted Curran in 2010 at the Downing Centre, where he was working as a magistrate, and said he wanted money. Mr Boulten called it a “threat of blackmail”.
Curran obliged, ultimately paying him more than $30,000.
Mr Boulten said it could not go toward his client's guilt because it was also “a plea of help”.
Many of the alleged assaults by Curran, who the then-teenager saw as a father figure, took place almost 40 years before his trial - but the original trial judge concluded his actions had been a “very grave breach of trust” that continued to impact the alleged victim’s life.
“The complainant has had difficulty recounting the impacts of the sexual abuse to family members, past girlfriends and the court,” Acting Judge Anthony Rafter SC said.
“He has suffered financial and psychological stress and a chronic sense of helplessness.”
The judgement on the appeal will be handed down at a later date.