- Saturday 31 July 2010
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Judge tells jury: 'you made the right decision'
By KELLY MAKIHA in Rotorua
A Rotorua District Court judge has taken the unusual step of congratulating a jury for "making the right decision" in acquitting a childcare worker accused of assaulting children in her care.
There were emotional scenes in the Rotorua District Court yesterday as Nicola Annette Moke-Amotawa was told she was free to go after the jury foreman delivered five not guilty verdicts.
About 20 of her supporters in the public gallery erupted in applause and tears following the verdicts.
One of the supporters yelled "why do you do this?" at people sitting on the other side of the courtroom.
The 32-year-old former supervisor at Tawa Community Childcare Centre in Lynmore was accused of binding children too tightly in bed linen, physically restraining them and putting pillows over their heads as a way of trying to get them to sleep.
She pleaded not guilty to five counts of assault relating to two children under the age of 5.
It took the jury less than two hours to reach their verdicts following the three-day trial and Judge James Weir congratulated them.
"It is not normal for a judge to make this comment but I agree with your verdicts," he said.
In his summing up earlier yesterday, Judge Weir reminded the jury of what the childcare centre's former manager, Anne Lynch, had told them during her evidence.
Ms Lynch, who has 27 years' experience, described Moke-Amotawa as a dedicated childcare worker who had an affectionate rapport with the children.
The judge also reminded the jury about another former Tawa childcare worker who had been there for 14 years and who had left because of allegations that were made against her by three other staff members.
The same three staff members - Louise and Suzanne Jenkin and Nicola Jansen - were also the Crown's witnesses.
"Those matters were investigated and were thrown out," the judge told the jury.
Two witnesses claimed they were the ones who removed a pillow from one of the children's heads. Judge Weir told the jury that evidence was not reliable.
There was also evidence from one of the complainants' mothers who said her son was a challenging child and she often got into bed with him and held him tightly to settle him down and get him to sleep.
The mother said her young son had a good rapport with Moke-Amotawa and she never heard any mention that he was scared of her.
Moana Dorset and Brian Foote represented Moke-Amotawa and Fletcher Pilditch appeared for the Crown.
A Rotorua District Court judge has taken the unusual step of congratulating a jury for "making the right decision" in acquitting a childcare worker accused of assaulting children in her care.
There were emotional scenes in the Rotorua District Court yesterday as Nicola Annette Moke-Amotawa was told she was free to go after the jury foreman delivered five not guilty verdicts.
About 20 of her supporters in the public gallery erupted in applause and tears following the verdicts.
One of the supporters yelled "why do you do this?" at people sitting on the other side of the courtroom.
The 32-year-old former supervisor at Tawa Community Childcare Centre in Lynmore was accused of binding children too tightly in bed linen, physically restraining them and putting pillows over their heads as a way of trying to get them to sleep.
She pleaded not guilty to five counts of assault relating to two children under the age of 5.
It took the jury less than two hours to reach their verdicts following the three-day trial and Judge James Weir congratulated them.
"It is not normal for a judge to make this comment but I agree with your verdicts," he said.
In his summing up earlier yesterday, Judge Weir reminded the jury of what the childcare centre's former manager, Anne Lynch, had told them during her evidence.
Ms Lynch, who has 27 years' experience, described Moke-Amotawa as a dedicated childcare worker who had an affectionate rapport with the children.
The judge also reminded the jury about another former Tawa childcare worker who had been there for 14 years and who had left because of allegations that were made against her by three other staff members.
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"Those matters were investigated and were thrown out," the judge told the jury.
Two witnesses claimed they were the ones who removed a pillow from one of the children's heads. Judge Weir told the jury that evidence was not reliable.
There was also evidence from one of the complainants' mothers who said her son was a challenging child and she often got into bed with him and held him tightly to settle him down and get him to sleep.
The mother said her young son had a good rapport with Moke-Amotawa and she never heard any mention that he was scared of her.
Moana Dorset and Brian Foote represented Moke-Amotawa and Fletcher Pilditch appeared for the Crown.
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