Alleged child sexual assault victim tried to ‘block out’ Harold James Climas alleged vile historical abuse

An alleged child sex abuse victim tried to ‘block out’ memory of a 71-year-old elderly man accused of sexually assaulting her after a T-ball game, a court has heard.

Defence lawyers for a South East elderly man on trial accused of sexually assaulting a 10-year-old child have revealed the delay in the historical allegations meant potential DNA evidence could not be obtained.

The Mount Gambier District Court heard Harold James Climas, 71, allegedly told his alleged victim not to tell anyone, leaving the girl scared and apologetic to her alleged abuser.

During cross examination, Mr Climas’ lawyer Marissa Mackie questioned the investigating officer who arrested Mr Climas over the four-year difference between the alleged offence and the time of Mr Climas’ arrest.

Harold James Climas is facing trial for allegedly sexually assaulting a child under 14. Picture: Arj Ganesan

“Because of the passage of time any forensic evidence would have been lost — there was no utility in trying to seize any clothing,” Ms Mackie said.

Mr Climas has pleaded not guilty to one count of aggravated indecent assault, one count of unlawful sexual intercourse with a person under 14 years and attempted unlawful sexual intercourse with a person under 14 years.

Mr Climas is alleged to have sexually assaulted the child in 2017 at his Mount Gambier home after he had taken her to a T-ball match.

In a video of Mr Climas’s arrest that was shown to the court, Mr Climas can be heard telling the arresting officers “I didn’t touch her”.

During her closing remarks, prosecutor Mollie McKendrick said the alleged victim had tried to “block out” the memory of the alleged sexual assault.

Ms McKendrick told the jury the alleged victim had tried to shut-out memories of the alleged abuse for four years before, in a moment of vulnerability “word vomited” what had happened to her.

Ms McKendrick previously told the court the accused was an opportunistic offender — building up a rapport with his alleged victim by giving her gifts and taking her to Kmart after the alleged assault to buy another present.

Ms McKendrick said the accused had attempted to “force (the alleged victim) into submission and ultimately silence”.

After being picked up from T-ball, the alleged victim went to Mr Climas’ house, before watching a number of movies and eventually going to sleep in the defendant’s guest room, the court heard.

“She was woken in the middle of the night needing to get a drink of water after having a dry throat,” Ms McKendrick said.

When she returned to the guestroom she found “the accused laying a short distance away”.

“She asked him what he was doing, to which he replied that he just wanted some company,” Ms McKendrick said.

“The accused moved closer towards the complainant before placing his hand up her shirt.”

Ms McKendrick told the court the accused then proceeded to touch the girl inappropriately.

“(The alleged victim) will say he was touching me in my parts and he tried to stick his part in,” Ms McKendrick said.

The court heard Mr Climas had “failed” to penetrate the victim “giving up after a couple of tries”.

“After not succeeding, the accused walked off to his room,” Ms McKendrick said.

“The next morning after packing her bag ready to go home, the complainant was approached by the accused at the doorway.

“The accused told her she was not to tell anyone — she felt scared at the time and she stated that she wouldn’t and that she was sorry.”

Judge Heath Barklay will give his final instructions to the jury on Friday, before they break to deliberate their verdict.