Second hung jury in historic Keith stepfather sexual abuse trial in Mount Gambier District Court

A second Mount Gambier jury has failed to reach a verdict in the trial of a man who allegedly sexually abused his stepdaughter more than 20 years ago.

A second jury has failed to return a verdict in the trial of a man who allegedly climbed into his stepdaughter’s top bunk bed and sexually abused her while her sister slept below.

After more than four hours of deliberations on Tuesday, the Mount Gambier District Court jury was sent home before being discharged Wednesday morning after informing Judge Ian Press it was unable to reach a unanimous or majority decision.

The man in his 50s, who cannot be named in order to protect the identity of the victim, had pleaded not guilty to maintaining an unlawful relationship with a child.

He has repeatedly denied the accusations, with a previous trial in the same court in October last year also returning a hung jury.

A jury has been unable to reach a verdict in the trial of a man accused of sexually abusing his stepdaughter. Picture: Tait Schmaal

In a police interview shown to the court, the accused denied the accusation saying it was not the first time the alleged victim, now in her 30s, had “cried wolf”.

“If she’s actually touched or seen my penis, which never f***ing happened … ask her what my penis looks like,” he said.

He said anyone who had seen his genitals would “know what it looks like” as they were not “normal”.

As an 18-year-old, the man sustained an injury to his penis requiring three surgeries, leaving him with surgical and trauma scars, the court heard.

Prosecutor John Wilson told the court the abuse began when the victim was 10 years old and in their Keith home more than 20 years ago.

Mr Wilson alleged the accused regularly sexually assaulted the stepdaughter in her bed and on two separate occasions forced her to watch pornography and undress while he watched.

The final two alleged incidents occurred after the just before the victim’s 12th birthday, when it is alleged the accused sexually assaulted her in the front seat of the vehicle while her siblings were asleep in the back seat between Adelaide and Keith.

Mr Wilson said the accused threatened to beat her mother with a pool cue if she did not do as she was told.

Another alleged incident act followed at his Keith home.

Defence lawyer Edward Jolly argued the victim’s versions of events were inconsistent.

He told the court she may have been motivated by revenge to make up the allegations to get back at her stepfather for the domestic violence he inflicted on her mother.

“It is implausible that after two years of sexual abuse she does not know how (the accused’s) penis feels, it is implausible that over two years of sexual abuse on her evidence that she does not know how (the accused’s) penis looks,” he said.

“What is the plausibility of an adult male climbing onto the top of a child’s bed with another child in the room, several times a week, and doing these things.”

The accused will reappear in the next circuit of the Mount Gambier District Court later this year.