Bruce Franklin Charnley
TVNZ News story here
Taranaki Daily News story here
From the Daily News 28th February 2012
A High Court jury has found Bruce Charnley and Grant Selby not guilty of the sexual violation of a 12-year-old boy and 15-year-old girl. Last night in the High Court at New Plymouth, Justice Paul Heath convicted the men on one joint charge of sexual connection with the girl on February 19 last year. What the New Plymouth jury was not told was that Charnley has been convicted of similar sexual violence offending against children in the past. The jury returned about 8pm after two hours' of deliberation. Selby had admitted the charge of sexual connection while the jury found Charnley guilty of being a party to the offence. Selby earlier admitted a charge of sodomising the girl while Charnley admitted sexually grooming her. He was found not guilty of abducting the boy.
Justice Heath called for preventive detention reports for both men before sentencing on May 8, adding that preventive detention – the most serious penalty in the New Zealand justice system – would not necessarily be imposed. The judge also told both men their convictions were first strike offences. The pair were remanded in custody. In summing up at the end of the two-week trial, the Crown told the jury the two middle-aged men worked together to get two children drunk to satisfy their sexual needs and desires. However, both defence lawyers argued that any sexual acts that happened were consensual. While Selby was intellectually slow, he knew right from wrong and was able to function socially. The men, aged 47 and 48, were middle-aged men. Their criminal actions were not the children's fault, Crown solicitor Cherie Clarke said.
For Charnley, Paul Keegan said the girl's evidence, in trying to use alcohol as her defence, collapsed under cross-examination. There were no witnesses to say the two children were drunk. Her lies were incompatible with rape. Charnley pleaded not guilty to the six remaining charges. The allegations of sexual abuse did not happen as the boy described them, Mr Keegan said. The girl did go to Charnley's, she did have sex with Selby, she did offer sex to Charnley. Mr Keegan said much of the story sounded completely ridiculous, because it was. However, Charnley's behaviour in going to the bedroom with the girl was reprehensible and taking her to his place to meet up with Krystal Tyler was "well and truly debauched." But to find him guilty to the remaining six counts on the boy's evidence would be an injustice, Mr Keegan said.
For Selby, Kylie Pascoe said there was no denying her client's behaviour in having sex with the two children was disgusting, despicable conduct. But Selby believed the girl consented, which was a defence to rape. He did admit twice having sex with the girl, knowing her age, but because she consented he was not guilty of sexual violation. In summing up, Justice Paul Heath told the jurors there were many reasons why people might have given wrong testimony and were not necessarily lying. The jurors were handed out advisory information to assist in determining their verdicts. They were facing a complex legal job which would tax lawyers let alone laypeople, Justice Heath said.
Date of Birth
1962 (D.O.B. is approximate)
Grant Allan Selby
Sentenced to preventive detention with a 5 year minimum non-parole period in June 2012
Additional Photos & Files
Associated Media Links Bruce Franklin Charnley Appeal Notes
OFFENCES / CONVICTIONS
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