Emotions ran high at Wollongong Local Court as physical education teacher Phil Saunders walked free after a magistrate dismissed all criminal charges against him on Monday.
Charges dismissed after lengthy legal process
Magistrate Shane McNaulty dismissed the six charges against Saunders on December 22, 2025, citing insufficient evidence and issues with witness credibility. The teacher had faced two counts of aggravated indecent assault, two counts of indecent assault of a child under 16, one count of engaging in gambling with a minor, and one count of intimidation.
The allegations stemmed from incidents several years ago involving two female students aged between 14 and 15. Saunders was accused of running his hand down their backs and onto their buttocks. Separate claims involved betting on Premier League football with Year 12 PDHPE students and intimidating a female colleague.
Magistrate's detailed findings on each charge
In his ruling, Magistrate McNaulty addressed each charge individually. Regarding the gambling allegation, he found "not sufficient evidence" that Saunders had contributed to the student gambling syndicate. The court heard the teacher had spoken to another staff member and shut down the activity weeks before police became involved.
On the intimidation charge, the magistrate stated he did not wish to criminalise "what is an ordinary, albeit robust" conversation. While acknowledging the exchange may have been hurtful, he was not satisfied it met the legal threshold for intimidation.
The most serious charges of aggravated indecent assault faced particular scrutiny of witness testimony. Magistrate McNaulty described one witness as honest but found their account lacked "reliability and credibility." He noted that police rarely take verbatim accounts and that statements had changed over time.
Regarding the second assault charge, the magistrate was more direct, stating the witness's "recollection is flawed, significantly flawed."
Complex court history precedes final decision
The path to Monday's decision was neither short nor straightforward. The case involved testimony from 23 witnesses across multiple hearings. An earlier proceeding spanned 29 days between 2022 and 2024 before collapsing late last year when the presiding magistrate recused himself from the case.
This extended legal battle concluded with Saunders showing visible relief as he left the courtroom. Supporters described tears in his eyes as he hugged those who had stood by him throughout the lengthy process.
The dismissal marks the end of a challenging period for the Wollongong educator, whose professional and personal reputation had been under scrutiny throughout the court proceedings. The magistrate's comprehensive ruling provides clear legal reasoning for why the prosecution failed to meet the required standard of proof for each allegation.
