“You are ugly, right to the core,” she told Barry Capill, who closed his eyes and hung his head in the dock while being jailed today for 14 years and four months on 18 historical charges, many of them representative and having occurred over many years, including rape.
One woman told the Nelson District Court she spent her childhood confused and alone in the world, unable to relate to any of her peers when she was “so different”.
“Years later, I felt better about saying out loud what happened,” she told Capill directly.
Still, he couldn’t look up.
A jury found Capill guilty this year on all charges, having subjected the women to the rigours of a trial that exposed their deepest vulnerabilities and most private experiences to a courtroom of strangers.
They chose to be called survivors rather than victims.
Judge Tony Snell addressed each directly before sentencing Capill for the offending he called the “absolute scourge in our community”.
He commended them for their courage and tenacity in giving evidence at trial, after which Capill accepted responsibility for what had occurred.
It did not gain him any points in the sentencing equation, as Judge Snell wasn’t convinced his remorse was genuine.
He said while the women, who were young girls at the time of the offending, had spent many years feeling unheard, they had been listened to now.
“A jury of members of the Nelson community heard you at trial. They believed you. They listened to you and accepted what you said.
“You have been heard today. I heard you and there will be a reckoning and consequences today for the years of profound hardship you have been put through,” an emotional Judge Snell said.
Capill, 54, was sentenced on the lead charge of rape, plus a charge of sexual violation by unlawful sexual connection, a representative charge of indecently assaulting a young person aged under 16, another representative charge of indecently assaulting a girl aged under 12, doing an indecent act on a girl under 16, and another under 12 and doing an indecent act with the intent to offend.
The offending, described as premeditated and opportunistic, spanned more than a decade and involved grooming and “significant manipulation”.
‘Extended, repeated abuse’
The Crown sought a 16-year prison starting point for what it described as a “vast array of seriously prolonged indecencies” on three young people.
Prosecutor Sophie O’Donoghue said the girls were exposed to the most degrading conduct through the “extended, repeated abuse” made possible through Capill’s ability to prevent the offending from coming to light.
“All three have suffered profound harm.”
Nelson man Barry Capill during sentencing on multiple charges of child sex offending, including rape. He refused to look up as the victims spoke. Photo / Tracy Neal
Defence counsel Michael Vesty said Capill had put the victims through an unnecessary trial, in which the veracity of their stories was challenged.
One said it was impossible to put into words how it felt to be questioned, challenged and accused of lying.
Vesty said Capill had not allowed them to heal from the abuse.
“Capill must have known they were telling the truth.
“In addition to that he has brought back issues the victims may have otherwise chosen not to,” Vesty said.
He agreed the timing of Capill’s admissions called into question any genuine remorse, but on the positive side, he had opened the door to rehabilitation.
“Many sit in prison refusing to accept the verdicts of juries,” Vesty said.
“He has faced up to what he did. There are green shoots of responsibility being taken.”
Judge Snell said the scale and frequency of offending over “years and years and years” was one of several aggravating features.
He hoped that in time, Capill could reflect on the harm caused to the victims and those surrounding them.
In sentencing him to 14 years and four months in prison, Judge Snell said a minimum 50% non-parole period was warranted, meaning it would be at least seven years and two months before he was allowed to apply for parole.
Capill was automatically registered as a child sex offender.
Police acknowledge victims’ bravery
In a statement, Detective Sergeant Dan Shields of the Nelson Child Protection Team said police acknowledged the victims and their families, and all they had endured.
“We want to acknowledge the three brave victims that not only came forward to police to detail the offending, but also for their strength throughout court proceedings,” he said.
“We understand it is incredibly difficult, and at times distressing, to report or talk about incidents like these.
“We know that there is no outcome that takes away their lived experiences, however, we hope they can take some comfort with today’s outcome.”
He said police would like to reassure any victims of sexual offending that they took such matters extremely seriously.
“We have robust processes and highly trained investigators who are dedicated to these cases and to ensuring any offenders are held accountable,” Shields said.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
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