Mackay man pleads not guilty to raping apprentice at workshop
A jury has handed down a not guilty verdict against a tradie charged with raping a teen apprentice multiple times at their worksite. DISTRESSING CONTENT
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A Mackay tradie charged with raping a teen apprentice has been acquitted after an eight-man, four-woman jury took an hour to hand down their verdict.
The man, ages in his 30s, had pleaded not guilty in Mackay District Court to four counts of rape over allegations spanning about 10 months from mid 2020.
It was alleged his conduct included multiple sexualised comments, inappropriate touching, digital rape, that he forced her to perform oral sex on him and unprotected penile rape, all at their worksite.
The man, who cannot be named for legal reasons, completely denied the allegations and claimed the girl had made overt sexual advances towards him.
The trial began on Monday and the court was closed from that afternoon until Wednesday afternoon while the jury heard the girl’s evidence.
During the trial the evidence of one witness was repeated to the jury before the accused chose to take the stand on Thursday following by closing argument.
The jury retired to deliver their verdict about 11am and it was handed down about 12pm.
The girl, who was present in court for the verdict, sobbed after it was delivered.
Judge Gregory Lynham thanked the jury for their service before discharging the man.
‘You haven’t got any balls’: Rape accused claims teen made sexual advances
A married Mackay tradie accused of raping a teen apprentice at their worksite has alleged she made increasingly overt advances on him as he completely denied any sexual attacks.
The man, aged in his 30s, told the jury after indicating he would be giving evidence he did not at any time make sexual comments or engage in sexual activity with the young girl.
He has pleaded not guilty to four counts of rape that allegedly occurred over 10 months from mid 2020 – he completely denies the allegations and alleges the girl made increasingly overt advances on him.
The man, who cannot be named for legal reasons, denied calling the teen beautiful at a work dinner or saying he wanted to put his face in her ass cheeks and denied touching her inappropriately, digitally raping her, forcing her to perform oral sex on him or raping her without a condom.
Mackay District Court heard when defence barrister Stephen Zillman asked if he had engaged in these allegations the man said, “no I did not”.
Mr Zillman asked his client about his allegations the girl had made advances towards him.
He alleged in court she rubbed her buttocks on his left thigh, making comments about his appearance and touching him inappropriately.
He told the court she had said to him, “that’s why you won’t let me touch you because you haven’t got any balls”.
The man alleged the girl tried to touch his genitals three to four times.
“She kept making advances towards me that I wasn’t comfortable with,” he said.
He said he told her more than once “don’t be so f—king stupid”.
The court heard as a result he asked his manager not to work with her anymore, but only said it was because her work was not at the standard he would like.
Crown prosecutor Michelle Parfitt challenged the man saying “it’s not true that you said you didn’t want to work with her”.
“Not that’s not true,” the man told the court.
Ms Parfitt submitted the man did not tell his manager about the alleged sexual advances, and he agreed and said no he did not.
“She’s quite a shy, timid girl,” Ms Parfitt asked.
“Not in my experience,” the man said.
Ms Parfitt said the teen never made any sexual comments or advances on the man, and he said “not that’s not true.”
She alleged whenever the opportunity arose he would touch her bottom and her breasts.
“No that’s not true,” he said.
The trial under Judge Gregory Lynham continues.
Court hears more allegations in apprentice rape case
A Mackay tradie accused of raping a teen apprentice at their workplace “made it plain” he did not want to work with the girl, a court heard.
The man has pleaded not guilty to four counts of rape over about 10 months from mid 2020.
He completely denies the allegations.
Mackay District Court was closed from Monday afternoon until Wednesday afternoon while the jury heard the girl’s evidence.
When the court reopened a manager for the business where the pair worked was called to give evidence.
He told the court the girl had told him the accused would “try to touch me and brush against me”.
The court heard evidence there were times the girl allegedly worked alone with the man.
Defence barrister Stephen Zillman questioned the manager that his client “made it plain he did not want to work with (the girl)”, to which he said ‘yes’.
The court had heard the alleged conduct includes inappropriate touching, digital rape, forced oral sex and unprotected penile rape.
A photo of the workplace was displayed for the jury showing roller doors, which face a public roadway.
Mr Zillman questioned the manager if two people were having sex and the roller doors were open they would be in full view of anyone going past the business, to which the man said yes.
Mr Zillman indicated a time of day – 5pm – and suggested there would be “a fair flood of traffic” in the area at that time, to which the manager said yes.
The girl’s father, who also gave evidence in court, said his daughter had spoken to him about the alleged sexual offending.
He told the court she opened up more the day after she initially told him because he had been pressing for more information.
“I said touching, molesting or raping,” the father said.
“She said, ‘all those things’.
“I was in shock.”
The father listed the locations he alleged his daughter said the sexual offending had occurred.
Mr Zillman put it to the man he had not mentioned any of these locations when police questioned him during the investigation.
“I told them what I thought I had to tell them,” he said.
The girl’s mother gave evidence that the girl told her about some of the alleged behaviour.
The court heard she allegedly told her mother, “I’m not going to tell you everything because it’s pretty messed up but (the man’s) been touching me”.
The owner of the business, who was also called to give evidence, told the court on learning of the allegations he engaged a law firm to investigate the matter.
This publication cannot identify anyone involved in this case for legal reasons.
The crown has closed their case.
The trial, under Judge Gregory Lynham, continues on Thursday when the man will be called on whether he planned to give or call evidence.
‘She felt numb’: Tradie accused of raping teen apprentice in workshop
A Mackay tradie has completely denied allegations he repeatedly raped and sexually assaulted a teen apprentice at a workshop.
Mackay District Court heard it allegedly began in mid 2020 with sexualised comments including “I want to stick my face between your ass cheeks”.
The court heard the alleged behaviour escalated to touching, digital rape and then unprotected penile rape all at their workspace.
The man, who cannot be named for legal reasons, has pleaded not guilty to four counts of rape over about 10 months.
He has denied “any involvement in any sexual assault upon” the girl “and indeed any advancement of a sexual kind made towards (her)”.
Crown prosecutor Michelle Parfitt, in her opening statement to the eight-man, four woman jury, said the teen girl had been completing an apprenticeship at the Mackay business and worked with her alleged attacker.
The court heard she alleged his behaviour included comments such as “if you don’t move I’m going to have to touch you”.
It is also alleged he digitally raped her twice “in a rough manner” and told her “if you’re not going to let me touch you, you can at least give me something” before pushing her into a secluded area and forcing her to perform oral sex on him.
“She felt numb, that she was too scared to reject or deny him,” Ms Parfitt said.
She also alleged the final time before she spoke up he removed her clothing, bent her over and raped her from behind.
The court heard days later she told others including her boyfriend, mum, dad and employer and in April 2021 she spoke to police.
Barrister Stephen Zillman, for the man, said “the defence case as it will unfold is one of complete denial … of any involvement in any sexual assault upon the (girl)”.
“In fact you will hear that any expressions of sexual interest in this case came rather from the (girl) towards the (man),” Mr Zillman said.
Mr Zillman told the jury the only evidence they would hear “whereby you might find a verdict of guilty” was from the girl, and urged them to “very closely scrutinise her account”.
He said the true test was, after having heard all the evidence, if the jury was satisfied beyond reasonable doubt.
The court was closed for the girl’s evidence.
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Originally published as Mackay man pleads not guilty to raping apprentice at workshop