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ABC News
ABC News
National
By Elizabeth Byrne

Former teacher who molested his students walks free on suspended sentence

This was the second time Kisun had faced trial after the initial jury did not reach a verdict.

A Catholic teacher convicted of molesting two brothers at Canberra's Marist College in the 1980s has been allowed to walk free from the ACT Supreme Court on a suspended sentence.

David Kisun was found guilty of four charges of indecent acts against his former pupils in their classroom.

Justice David Mossop said he had to hand Kisun a jail term, but all 28 months of the sentence were suspended.

"The effects on the victims have been long-lasting and complex," he said.

"Having regard to the gross abuse of trust and misuse of position of authority, a jail term is the only option."

The 73-year-old was also given a three-and-a-half-year good behaviour bond as Justice Mossop said he "exploited his position of authority and trust to satisfy his sexual gratification".

Kisun's lawyer Glenn Casement told the court the charges had left his client "depleted psychologically and financially".

He also noted the lack of any complaints in the 30 years since.

"This is a man that is highly unlikely to reoffend," he said.

It was the second trial for Kisun, after the initial jury could not reach a verdict on one charge.

But by the time of the second trial, others had come forward, leading to more charges.

Victim wants his ability to trust back

In a victim impact statement, one of the men said the events, when he was nine years old, had overshadowed his whole life.

Thirty years on, he said he still suffered nightmares and crippling anxiety.

"What this man took from me was my ability to trust," he said.

"I've had a lifetime of relationships at arm's length. I want my ability to trust without looking for a motive back."

Kisun was charged after a police investigation set up after the royal commission into child sex abuse, although the allegations were not linked to the inquiry.

The prosecution case was bolstered by tendency evidence about a series of uncharged allegations, from New South Wales and New Zealand.

Justice Mossop said the evidence was compelling and showed beyond reasonable doubt Kisun was involved in sexual misconduct against students.

"The evidence given by the two brothers was clearly accepted by the jury," he said.

He also noted that the strict discipline in the school at the time had provided the opportunity.

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