Elderly man found not guilty of raping his sister more than 50 years ago

An elderly man breathed a sigh of relief when a jury found him not guilty after hours of deliberation in Warwick District Court.

A man accused of raping his sister more than 50 years ago was found not guilty in Warwick District Court.

An elderly man faced a tense four days as he stood trial for the alleged rape of his sister more than 50 years ago.

The man pleaded not guilty to one count of rape in Warwick District Court on March 17.

After deliberating for more than four hours, a jury found the man not guilty.

Crown prosecutor James Coghlan told the court the complainant was about 14 years old at the time of the alleged offending which was believed to have occurred in the early 1970s.

Mr Coghlan told the court that the man, who was also a teenager at the time of the alleged offending, lured the young girl underneath a shed and raped her.

The court was also told the man had previously tried to engage in sexual acts with the girl in the years leading up to the alleged offending.

Mr Coghlan told the court the complainant later realised she was pregnant and was taken to hospital where she had an abortion.

However, no medical reports of the complainant could be produced to the court.

In giving his evidence, the man claimed he was away working at the time of the alleged offending.

The man had two witnesses who gave evidence in support of his claim he wasn’t living at the family home around the time of the alleged offending.

He also claimed he had only visited the family home on one occasion, and the complainant wasn’t home.

In his closing statement defence barrister David Jones KC told the court his client was at a disadvantage given the time that had passed since the alleged offending, which affected his ability to test and gather evidence.

Mr Jones scrutinised the police investigating, noting the lack of effort that went into gathering evidence to corroborate the complainant’s claims.

The man was acquitted by the jury and discharged by Judge Chowdhury, walking free from court on March 20.

Originally published as Elderly man found not guilty of raping his sister more than 50 years ago