A man found guilty of sexually abusing his neighbour's granddaughter when she was 8 has been bailed to live at home - up a shared driveway and just 30m from where his victim lives - until sentencing in June.
His sentencing has been delayed until after a second trial next year in which he will stand accused of offending against another child.
The first victim, now 10, and her family see the man most days and say their Auckland home has become a prison and "an absolute hell" because of the judge's decision.
The man, in his 70s, has name suppression. That was granted because he lives next door to the victim, who has automatic and permanent name secrecy due to the sexual nature of the charges.
The man was found guilty of two representative charges of sexual conduct with a child under 12 after a three-day trial.
Despite the verdict, Judge Anna Johns did not formally enter a conviction, and granted the man bail until sentencing.
If he is found guilty at the second trial, it is understood he will be sentenced on all matters at the same time due to the similarity of the charges.
The girl lives with her grandparents and other family and they have all been affected.
"It's like a prison. She can't have any friends over, I won't let her play outside or go up and down the driveway," her grandmother said.
"I won't let her do anything. She hates it, she hates us for doing it. But it's for her own good."
The girl's aunt said knowing the abuser was so close had caused the family a lot of stress.
"It's torture. We are being tormented. The pain is ongoing for us ... It makes you feel sick," she said.
The girl's family want to know why the judge did not bail the man to another address.
"It's not like he had nowhere else to go," her grandmother said.
She and the family hated going up and down the driveway or outside the home as they never knew when they would see him.
He was often outside and the family felt he was watching them.
"It's mentally attacking us all of the time," the aunt said.
"It feels like we are trapped. He is just able to roam free and he's made it hell here."
The grandmother said the delay in sentencing was frustrating, but having the man living next door until then was adding insult to injury.
"We took our granddaughter on to give her a better life, and then this happens to her," the grandmother said.
"A victim shouldn't feel like they have to move."
The Weekend Herald requested the man's court file, in particular the transcript of discussions relating to bail and the reasoning behind the decision.
Judge Johns refused the request on the basis that "I have not entered a conviction for the ... offending".
A Justice Ministry spokesman could not release the information "as the judge has made an order denying media access to the court file".
He said the office of the Chief District Court Judge had advised that the man had been on bail at the address since his arrest in 2014 and there had been no breaches of bail.
Justice Minister Amy Adams would not answer questions about the case, including whether she would be comfortable with someone who had offended against her or her family living in such close proximity.
"Decisions about bail are made by judges based on the law and the circumstances of each case," a spokesman said.
"Judges are independent of the Government and therefore it is not appropriate for ministers to comment on judicial decisions or matters that are currently before the courts."
- by Anna Leask
