Teacher in court again over sexual assault charges
A FORMER Warwick teacher has fronted court for the second time for sexually assaulting a student 40 years ago.
Teacher turned wine merchant, Brett Armand Dutton, was a teacher and boarding house master at the Scots PGC College in 1978 when he sexually assaulted a 15 year old student.
The 60 year old was sentenced for the offences in 2009.
But unbeknown to the Director of Public Prosecutions at the time, police were investigating further complaints from a student he was involved with in the early 70s.
Dutton fronted Brisbane District Court on Thursday where he pleaded guilty to sexually assaulting and indecently treating a grade nine student at Anglican Church Grammar School in Brisbane.
The court heard Dutton had taken extended leave from the Queensland Police Service in the 1970s to study at university.
Crown prosecutor Ben Power said Dutton took on a role as assistant boarding master at the prestigious boys' college.
It emerged 30 years later, when the victim came forward to police, Dutton had masturbated and performed oral sex on a student on school grounds sometime between the end of 1972 and 1974.
The court heard Dutton finished his university studies and resigned from the police service.
The Sydney resident then worked as a teacher at Scots PGC College in Warwick.
Mr Power said Dutton sexually assaulted a 15 year old student in his dorm room.
He also kissed the student and touched his genitals on the outside of his clothing while he slept on an excursion to Brisbane.
Defence barrister Stephen Zillman said the police knew about the outstanding charges when Dutton was sentenced in 2009 but did not take action.
He argued it could have all been dealt with if police had done something about it.
"It's by reason of this reaction my client is faced with this terrible position of having to reappear today when unnecessary," Mr Zillman said.
The Crown confirmed it was not aware of the pending investigation in 2009.
The student victim of Dutton's offending in Brisbane wrote in a victim impact statement he felt no one would believe him and he would be branded a "poofter", Mr Power said.
"He could never have told his father," Mr Power said.
"His father died in 1997 not ever knowing what happened to his son."
Mr Zilmman said his client was young at the time of offending - in his early 20s - and had not offended since.
Judge Julie Ryrie said even though the offending was at the lower end of the scale it was still serious.
"You did not just leave him alone after counts (offences) one and two, you persisted for a third occasion," she said.
Judge Ryrie sentenced Dutton to an 18-month jail term for the sexual assault offences and 12 month jail term for the indecent act charge. Both sentences were suspended.