Statement - Royal Commission into Institutional Responses ... · 17. Mr Sandilands was not my...
Transcript of Statement - Royal Commission into Institutional Responses ... · 17. Mr Sandilands was not my...
STAT.0378.001.0001_R
Royal Commission into Institutional Responses to Child Sexual Abuse
Statement
Name
Address
Occupation
Date
Emma Joy Fretton
Known to the Royal Commission
<B' October 2014
1. This statement made by me accurately sets out the evidence that I am prepared to give to the
Royal Commission into Institutional Responses to Child Sexual Abuse. The statement is true and
correct to the best of my knowledge and belief.
2. Where direct speech is referred to in this statement, it is provided in words or words to the effect of
those which were used, to the best of my recollection.
3. My full name is Emma Joy Fretton. My date of birth is1;;•fll;•J19ao. I have previously been
known as Emma Joy Hughes and Emma Joy Hayes.
4. I commenced at Northside Christian College at Mcleans Road, Bundoora, Victoria, in 1986. I was
six years old and in Grade 1. Kenneth John Sandilands was my teacher. He was also my teacher
in Grades 2 and 3. Northside Christian College is a religious school and has an Assemblies of
God church connected to the school.
5. Mr Sandilands used to have a portable typewriter in the classroom. I remember that it was black
and that every time he finished typing a fine there wou ld be a 'ping' and he would have to push the
top part back to the other side.
6. I'm not sure which grade l was in when Mr Sandilands would take the typewriter from his desk,
take it outside and call me out. We would sit on a wooden bench. The rest of the class were left
inside and two girls would read them stories. The girls were in the same class as me.
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7. Mr Sandilands would make up sexual stories about my family and then type them out. He would
make me repeat the stories and agree they were true. After each story he would make me sign it.
He wrote the stories like I was telling the story. I remember that he made me sign one piece of
paper that he told me was a contract saying that I would not tell anyone what was happening. He
told me that if I ever told anyone that they would not believe me and he would show them the
stories and tell them that I had come to him about them. He kept all these stories in a file. I do not
remember how many stories he typed up but the file was very thick.
8. If I ever tried to deny that the things in the stories had happened he wou ld hit me with a wooden
paddle on the backside. When he used the paddle he would take me into the sports room which
was at the back of the classroom. There was sports gear kept in this room and the wall that joined
the classroom had glass on the top half. Three quarters of the window was covered up with
posters and he would hit me behind the posters so no-one could see what was happening.
9. Once I wore my knickers with bloomers over the top to school so it didn't hurt as much when he hit
me. Mr Sandilands hit me once, then pulled up my dress and pulled down my knickers and
bloomers together. I asked him what he was doing. He didn't answer me or speak to me. He
then started to touch me inappropriately. I was crying and asking him to stop it. He kept going.
He was rough and it made me feel sick in my stomach. He then stopped and started hitting my
backside with the paddle. He did not pu ll my knickers or bloomers up or my dress down. Mr
Sandilands counts when .he hits and I remember he counted 12 hits. I was crying and my
backside was really sore. Mr Sandilands made me sit on the seat and left me there. He left me
sitting there for a while and then came back in and told me I couldn't come back in to the
classroom as I was still crying.
10. There were other times when he touched me inappropriately but that time stuck in my mind
because he hit me so many times. Sometimes he would just hit me but other times he would
touch me then hit me. After this time, every time Mr Sandilands told me his stories I would agree
with him and tell him that they were true and had happened so I would not get hit.
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11 . After I started agreeing with Mr Sandilands he would start saying that I had lifted my dress up in
front of the boys or on the bus and I would get hit for that. It felt like Mr Sandilands would use any
excuse to say I was in trouble so he could hit me. He would single me out for some reason.
12. Mr Sandilands would never let any of the girls in my class go to the toilet during class time. The
boys were allowed to leave the classroom to go to the toilet anytime they wanted. I can remember
on a number of occasions myself and other girls in the class wet ourselves. If we asked to go to
the toilet he would tell us to wait and then tell us to stand beside our chair and do it there. I can
remember he told one girl she had to stand up in front of the class and wet herself. After we wet
our knickers, Mr Sandilands would make us take the knickers off and would tell us that he was
going to wash them out. He would then leave the room with the knickers and be gone for a while.
When he got back he would hang the knickers on a clothes line which was outside the window. I
can remember there sometimes being 10 or 11 pairs of knickers hanging on the clothes line. We
were never given any other knickers to put on and got our knickers back when they were dry.
13. When we used to line up to go into the classroom the boys used to go in first and when it was the
girls turn to go in Mr Sandilands would touch us on the head and tell us that he loved us. He
would not let us go in until we told him that we loved him. If I didn't tell him I loved him he would
then hit me with the paddle later on. He would do this only to the girls and not the boys.
14. When Mr Sandilands used to read us stories from books he used to sit on a wooden stool. The
girls had to sit on the floor in front of him and the boys had to sit on the floor behind the girls. Mr
Sandilands would tell two of the girls to sit on either side of his legs and tell them to rub his legs
under his pants. We had to rub between the knee and the ankle. If we stopped he would tell us to
keep rubbing. It felt disgusting as he had very hairy legs. He would then tell one of the girls to sit
on his lap. It would not be directly on his lap, he would spread his legs and we would have to sit in
between his legs. When I was made to sit in between his legs he had my backside right up
against his groin. Mr Sandilands would then move his legs in and out and up and down all at the
same time. He also moved his hips front and back. He would pick different girls every day to sit
between his legs and to rub his legs.
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15. Sometimes when we were made to sit between Mr Sandilands' legs he would undo the zips on our
school dresses. Our school dresses were green, white and yellow checked with a big collar. The
zip on the dress was under our right arm and went from under the arm to our hip. To unzip the
dress you had to pull the zip downwards. The dress also had buttons down to our waist. Mr
Sandilands would unzip the dress and then put his hand inside the dress. He would then rub my
breasts and stomach. I told him to stop a few times but he didn't. He would do this in front of
everyone.
16. Even though Mr Sandilands would not let me go to sports classes I was made to get changed
anyway. Mr Sandilands used to send the boys to the toilets to get changed but the girls had to get
changed In the classroom in front of him. The girls always tried to find something to change
behind, like a table, chairs or anything that would give us some cover.
17. Mr Sandilands was not my teacher after Grade 3 but continued to physically and sexually abuse
me during lunch times and when he could find me outside of class. He would also call me out of
my other classes. I'm not sure exactly when the abuse stopped but I believe it was towards the
end of Grade 5. At that time I got a new teacher who seemed to a bit more cautious about Mr
Sandilands. As I got older I also became more aware of places in the school I could go where Mr
Sandilands would be unlikely to find me.
18. Mr Sandilands retired when I was in Year 7 or 8 and I remember the assembly that was held for
him at the School. The students were told that Mr Sandilands was leaving because he was legally
blind and couldn't teach anymore.
Disclosure of abuse
19. At the start of one of my school holidays, my friend ,_f_G_B __ _,land I had attended the school
church on a Sunday. Mrs Ann Brown (Mrs Brown), who was a teacher at that time, was also at
the church.
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20. I can't recall exactly when it was on this day, whilst we were all at the church, I said to Mrs Brown I
wanted to talk about Mr Sandilands and what he was doing to me. She agreed and after church I
recall she drove EJ and me to a park. I told Mrs Brown what Mr Sandilands had been doing to
me.
21 . I described how he would unzip the side of my dress and put his hand inside the dress on my
breasts and stomach. I described how he would hit me on the bare buttocks with a wooden
paddle. I told her that he would often tell me obscene stories and make me say that they were
true.
22. Upon hearing what I had to say, Mrs Brown said words to the following effect "Mr Sandi/ands
should be fired for what he is doing" and ''The school knows what he is like and are looking into it."
Mrs Brown said that I shouldn't say anything to anyone about what I had told her.
23. I heard no more about the matter until sometime in Gr~de 2. EJand I were called out of class
to a meeting in the old computer room at the church. We were told to sit down at a large table.
There were seven or eight other people at the table. Pastor Dennis Smith (Pastor Smith) who
was on the School Board, the Principal Neil Rookes (Mr Rookes) and Mrs Brown were present.
24. I told them what Mr Sandilands had been doing to me~old them what he had been doing to
her. I do not have a specific recollection of what anybody said at the meeting, either tof GB pr
myself. To the best of my recollection I recall someone said words to the effect "he will get fired'
and "he won't be your teacher anymore".
25. I recall at the meeting I was told not to tell anyone about what Mr Sandilands had done and
someone said "we will deal with if' . I recall also asking if I could change to another teacher. I was
told "no". I told them I didn't want to be in Mr Sandilands' class the following year.
26. After the meeting, I made further complaints about what Mr Sandilands was doing to me.
Normally I made them to Mrs Brown. I would go and see her in an office near the school oval and
would tell her that Mr Sandilands was still doing things to me. Mrs Brown would respond by
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saying this to the effect of "Don 't worry, it's okay, don't say anything to anyone, I'll talk it through
with the other people and we will deal with it."
27. I recall there was at least one occasion where I went to see Mr Rookes in his office with Mrs
Brown. I can't recall whether I said anything to Mr Rookes but I recall Mrs Brown told Mr Rookes
what I had told her, that is, that Mr Sandilands was still indecently assaulting me. Mr Rookes said
words to the effect of: "I will look into it and I won't have Mr Sandi/ands as a teacher if he is doing
what you are alleging."
28. I then made further reports and complaints to Mrs Brown about what was continuing to occur
between Mr Sandilands and myself. I either saw Mrs Brown in her office, in the church or in the
office by the oval when I made these further complaints.
29. During the meetings that I had about what was happening I recall being told "You're Mum has
been contacted but she can't make it." At the time, I assumed that my mother was aware of the
meetings but didn't want to be involved. We didn't talk about it at home. It wasn't until later when
I was making my statement with police that I found out that my mother had not been told by the
school about my complaints.
30. I recall at the start of Grade 3, when I realised I still had Mr Sandilands as my teacher, I went
crying to either Mr Rookes or Mrs Furlong (a Grade 4 teacher at the school). I recall I was upset
but I can't recall what I said. I made further reports to Mrs Brown during Grade 3 about Mr
Sandilands and what he was doing to me.
31. The school did not respond to my requests for Mr Sandilands not to be my teacher. He remained
my teacher in Grades 1, 2 and 3, and the abuse continued throughout that time.
Criminal Proceedings
32. In January 2000 I made a statement to the police about what Mr Sandilands had done to me. A
copy of my statement is marked [NSC.001.005.0062] and has extra details about the way Mr
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Sandilands abused me. He was charged with indecent assault against me and a number of other
students and he was convicted in 2001 .
33. The criminal justice process was a negative experience for me. The police officer who took my
statement was unemotional and blunt. I was by myself when she took my statement and it took
about five hours. The officer told me that we were in private, but being in a glass room, I felt like
there were people watching and waiting to take questions. I did not feel at the time that I was
believed and did not feel giving the statement lifted the burden as I expected it to. The experience
was negative for me and made me feel heavier.
34. During the trial, I felt like I wasn't understood. The judge wouldn't let me read the victim impact
statement I had written. It took my heart and my soul to write that, and when the Judge said she
wouldn't let me read it, it felt like a kick in the gut. I was devastated. The whole trial seemed fast,
and that the victims were not given the opportunity to read out their statements.
35. I recall during the trial when I gave evidence that Mr Sandilands felt my breasts, the judge said to
me words to the effect "But you're only six, seven and eight, you didn't have breasts to feef'. I
was upset when the judge made this comment and I yelled something out to the judge but I can't
remember exactly what I said. The judge said something back to me like I was going to get in
trouble. I thought the judge's comment was disgusting. Even though my breasts weren't
developed Mr Sandilands still touched that area of my body. I just didn't appreciate the judge's
comment.
36. To the best of my recollection, Mr Sandilands was sentenced to one year in prison plus one year
on parole. I didn't think this sentence was good enough. It just wasn't appropriate.
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Civil Proceedings
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37. In September 2000 I initiated civil proceedings in the County Court of Victoria against Mr
Sandilands, Northside Christian Centre Inc, Mr Smith and Ms Brown. A copy of the Statement of
Claim is marked [NSC.001.001.0079)
38. I believe there were 63 other students involved in the criminal proceedings. Some of them were
involved in the civil action against Mr Sandilands but I'm not sure how many. Most of them pulled
out and only five went right through with the proceedings. One of those five committed suicide
before the settlement happened.
39. I found the legal proceedings extremely stressful. In one mediation I collapsed. That's when my
lawyer thought it was too much for me. During the mediation I made it clear that I wanted a written
apology for what had happened. The matter settled out of court November 2001 and I was paid
$225,000 inclusive of legal costs. My legal costs were approximately $48,000. The whole process
took about one year. As part of the settlement I had to agree to keep the matter confidential. I
understood this to include speaking to psychologists or counsellors about the abuse. During the
final day of the mediation I was told "You can still seek out help but you can't talk about the details
of what happened". I thought "Well, what's the point. "
40. I didn't actually want the money, I wanted an apology, but I never got one. I don't know if my
request for an apology was formally included in the settlement.
41 . I wanted the school, and the people I reported to, to be accountable for what happened. I felt like
they gave me money just to keep me quiet again, but the money doesn't solve anything. They still
did what they did.
Effects of Abuse
42. The effects from the Abuse that I endured at a young age will always be a part of my life leaving
me with memories that I can never forget. I have been diagnosed with borderline personality
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disorder, depression, and post-traumatic stress. I have felt angry, anxious and isolated as a result
of what Mr Sandilands did to me, and had difficulty with personal relationships.
43. I can't trust people, because I'm scared. I've got a son, and he goes to creche, and I'm even
scared with them.
44. As a young girl, I believed going to school should have been an enjoyable time with the trust of
teachers to help and guide me along. These crucial years are the ones that form a foundation for a
healthy education and future. However, for me being a 6 year old. and going to school was the
scariest thing and made me very afraid of the older people around me. Going to school affected
me each and every day and I lived with an ongoing fear of not knowing what was golng to occur
on a day to day basis. It made me feel physically sick every day knowing I had to see him and
feeling a helplessness that I had no control of.
45. I put my trust in the people from school and church to do the right thing by me. I developed the
courage to confront and tell them what was occurring but the promises they made to change
things year after year seemed to fall on deaf ears. The school and the people within the church
destroyed my faith in The Lord and being able to go to church. After that I couldn't contemplate or
believe that people who call themselves god's followers could allow this abuse to occur right under
their eyes for so many years .... let alone cover it up. I had told so many Pastors, counsellors and
teachers that to this day I am unable to go church because I have no trust or faith in the pastors
and still feel scared.
46. 1 have tried to attend TAFE a number of times but I am unable to sit in a class room environment
without the flash backs coming into play at full force. The anxiety and panic attacks I suffer are so
crippling that it has effected every part of my life and future. Not being able to learn and develop in
a normal environment at such a young age has made it incredibly difficult to manage my day to
day life. The simplest things can take me so much longer to do and cope with.
47. Today, even at my age I struggle to read and spell which effects so much of what I can do in life
and the eats away at my confidence. It keeps be from doing a lot and makes me feel like I don't
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have the ability to achieve goals that I set for myself. Even reading bedtime stories to my son is
hard. It puts me down, makes me feel low and gives me anxiety. The low moods are the hardest
to deal with. Day to day they are so suffocating that there is not one day that goes by that I'm not
reminded about what happened. Even getting justice through the law was poorly handled and I
feel let down by them.
48. The abuse by Mr Sandilands has had a big effect on my life. People say you learn to overcome
your past but I believe you can't. It makes you who you are.
Signed:
Date:
Witness:
Date:
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