News / National
Convicted child molester working with children again
25 Jan 2015 at 02:33hrs | Views
School teacher and triathlon coach David Gardner is allegedly still involved in the coaching of young children at another elite boys' school despite having been convicted and sentenced to two years in prison for indecent assault on school boys at St Johns College in Harare in 2008, The Standard reported.
A Harare magistrate sentenced Gardner to an effective two years in jail following the conviction for indecent assault against four St Johns College school boys.
Documents in possession of The Standard reveal that Gardner, who is a British citizen, never served his sentence following his appeal against conviction and sentence and seven years after his conviction. His appeal has not been heard.
Sources said although the Africa Triathlon Association banned Gardner from any involvement with triathlon, he was still very active.
"He was released on appeal and his case has never been heard. He remains a free man and is currently involved in coaching young children again – this time at (a named elite school in Mashonaland East)," a source close to the case said.
The source disclosed that although the school insisted Gardner was not in their employ, he had full access to children at the school and was also permitted to stay nights at the school premises.
"Even though they (the school) claim he is privately employed by the children's parents, he has become very active within the Zimbabwe Triathlon Scene… and is not permitted to have any official dealings with Triathlon Zimbabwe," another source said.
In his appeal filed at the High Court by Jonathan Samkange soon after his conviction, Gardner said the trial magistrate erred in convicting and sentencing him to jail.
"Although the learned magistrate sentenced the appellant separately on each account for 8 (eight) months each making a total of 24 (twenty four) months of which 12 (twelve) months were suspended for five (5) years on good behaviour. The effective sentence is (12) twelve months.
"It is submitted that the learned magistrate should have considered community service and failure to do so is an irregularity. The sentence imposed should be set aside and should be substituted with a wholly suspended sentence coupled with a fine of Z$500 billion."
Gardner further argued that there was a conspiracy by the witnesses who wanted him barred from the sport so that he would not coach their competitors.
He said the sentence was so excessive that it induced a sense of shock and that the magistrate had misdirected herself in finding that the custodial sentence was merited.
A Harare magistrate sentenced Gardner to an effective two years in jail following the conviction for indecent assault against four St Johns College school boys.
Documents in possession of The Standard reveal that Gardner, who is a British citizen, never served his sentence following his appeal against conviction and sentence and seven years after his conviction. His appeal has not been heard.
Sources said although the Africa Triathlon Association banned Gardner from any involvement with triathlon, he was still very active.
"He was released on appeal and his case has never been heard. He remains a free man and is currently involved in coaching young children again – this time at (a named elite school in Mashonaland East)," a source close to the case said.
The source disclosed that although the school insisted Gardner was not in their employ, he had full access to children at the school and was also permitted to stay nights at the school premises.
"Even though they (the school) claim he is privately employed by the children's parents, he has become very active within the Zimbabwe Triathlon Scene… and is not permitted to have any official dealings with Triathlon Zimbabwe," another source said.
In his appeal filed at the High Court by Jonathan Samkange soon after his conviction, Gardner said the trial magistrate erred in convicting and sentencing him to jail.
"Although the learned magistrate sentenced the appellant separately on each account for 8 (eight) months each making a total of 24 (twenty four) months of which 12 (twelve) months were suspended for five (5) years on good behaviour. The effective sentence is (12) twelve months.
"It is submitted that the learned magistrate should have considered community service and failure to do so is an irregularity. The sentence imposed should be set aside and should be substituted with a wholly suspended sentence coupled with a fine of Z$500 billion."
Gardner further argued that there was a conspiracy by the witnesses who wanted him barred from the sport so that he would not coach their competitors.
He said the sentence was so excessive that it induced a sense of shock and that the magistrate had misdirected herself in finding that the custodial sentence was merited.
Source - The Standard
