Court remands former teacher convicted of child sex abuse

A former teacher and scout leader convicted of child sexual abuse was remanded in custody on
Wednesday at the Supreme Court.

Clayton Busto, 43, was convicted of 16 charges including sexual activity with a child; encouraging a child to engage in sexual activity by a person in a position of trust; engaging in sexual activity in the presence of a child by a person in a position of trust; causing a child to watch a sexual act by a person in a position of trust; and encouraging child pornography. 

The trial was heard last June and involved four victims, with some offences dating as far back as
2007.

On Wednesday, Busto voluntarily submitted that he wished to be remanded as the sentencing which
was set for August 18 would need to be rescheduled.

Chief Justice Anthony Dudley told the court he had received a communication from the probation officer that the pre-sentence report would not be ready on time.

Defence lawyer Chris Finch questioned whether a recently amended section in the Criminal
Procedure and Evidence Act applied to this case.

The Act was amended last month and narrows the scope for bail for specified offences, citing that a person must not be granted bail unless the court is satisfied that there is no real prospect that a
sentence of imprisonment or detention will be imposed or there are exceptional circumstances
which justify it.

Mr Finch said the court had been “perfectly entitled” to make the decision to grant bail, adding that these were “historic offences” and there was “no immediate threat to the public”.

“We trust judges to make sound and solid decisions,” Mr Finch said.

Mr Finch said that the basic rules of legislation are that it is not implemented retrospectively and
highlighted that the legislation was introduced during this active case.

“Seasoned parliamentarians know you do not legislate for individual cases,” Mr Finch said.

“The court cannot have a revolving door and change legal applications for an individual case.”

Mr Finch added that the courts “need certainty” and the conviction took place prior to the
amendment in the law.

He urged the court not to reconsider its previous decision, but said that following discussions with
the defendant, Busto had opted not to request bail and to voluntarily submit himself into custody.

“The court should accept the defendant’s position and not act on Section 129A,” Mr Finch said, pointing to the amended section in law.

Director of Public Prosecutions Christian Rocca said that his was not a retrospective application of the law and that every time defendants come to court “bail is considered afresh”.

The Chief Justice said he didn’t need to consider the amendment section in the law given that the
defendant no longer sought bail.

Mr Justice Dudley told lawyers that, prior to the sentencing date, they would need to provide
submissions on maximum sentences and statutory provisions.

The court heard Busto had previously been bailed, with conditions being £1,500 in his own
recognizance, and not to approach the complainants and anyone under the age of 18. No travel restrictions were set as part of his bail.

A new sentencing date was set for September 21 at 10am.

The matter was adjourned and the defendant was remanded in custody.