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Sex beast loses appeal

Erwin Nisbett

The Court of Appeal slapped two more years on a paedophile schoolteacher's sentence after he tried to get his five year sentence reduced yesterday.

Erwin Leon Nisbett, 54, of Sunset Pass, Pembroke was jailed after a jury unanimously convicted him last January of seven counts of sexually exploiting some of his former female students.

In court yesterday, Nisbett still maintained his innocence and showed no remorse towards the young girls who had to testify in court during the trial.

The Crown was also appealing the sentence, claiming that the sentence of five years was not enough.

Crown counsel Juan Wolffe said mitigating factors were considered by the sentencing judge but were not given enough weight.

He said Nisbett was in a position of trust and there were multiple victims who were exploited over a period of time. He added that the girls were young, one being seven years old.

The nature of the attacks was also reprehensible, Mr. Wolffe said. He noted that the girls claimed they still had mood swings, paranoia, flashbacks and nightmares in their victim impact statements.

He said the case not only affected the children but also the parents, the school and other teachers.

"Mr. Nisbett placed himself in these places (school and camp) so he could express his sexuality in the way he did," Mr. Wolffe said.

Nisbett said his sentence should be lessened because he is a good Christian. He said he should have been given probation and released.

The Appeal Court judges added two years to Nisbett's five year sentence specifically citing that Nisbett had shown no remorse and still maintained his innocence when a jury had found him guilty.

In court it was revealed that the former teacher and church camp counsellor touched the students' vaginal area, put his face down by one student's vagina and kissed another student, sticking his tongue in her mouth.

The attacks occurred between 1997 and 1999 and at the time of the sexual exploitation the girls ranged in age from seven to ten years old.

During his appeal ? without the aid of a lawyer ? Nisbett claimed that there was a conspiracy between the Police and the Department of Public Prosecutions.

He said the girls were influenced by the Police and later coerced by them during the preliminary inquiry.

Nisbett said that trial judge, Puisne Judge Charles-Etta Simmons, "erred in judgment" when she accepted the "merged" indictments.

Appeal Court President Edward Zacca told the man: "This is a matter that happened with several girls and it is quite right that the prosecution put together the charges. I see no reason why it shouldn't have been put together."

Nisbett said some of the statements read in court from the girls did not "match up" with out of court statements.

Mr. Justice Zacca again explained: "The judge has to deal with that and direct the jury, which she did.

Nisbett also added that this was not a "monumental" case.

Several of the grounds he presented to the Appeal Court judges was deemed inadmissible because Nisbett had no legal basis.

At one point during the proceedings Appeal Court Judge Austin Ward said: "I'm going to talk to the Prison Commissioner and I'm going to tell him to take away those law books because they are encouraging foolishness."