Cairns courts: Keith William Marshall pleads not guilty to rape and indecent treatment

The words of a 12-year-old girl will come under scrutiny as a Cairns District Court jury decides if a 62-year-old man is guilty of rape and indecent treatment.

The words of a 12-year-old girl will come under scrutiny as a Cairns District Court jury decides if a 62-year-old man is guilty of rape and indecent treatment.

The trial of Keith William Marshall started with crown prosecutor Rachel Boivin telling the court the case revolved around accepting what the girl said happened as the truth.

She was at a sleepover at a house in Earlville on May 1, 2020, when she got up and Mr Marshall allegedly had her sit on his lap while he was in a recliner, then he kissed her ear and licked her ear, said ‘you know I love you, right’ and sexually assaulted her.

It was alleged Mr Marshall said to the girl “don’t tell anyone because I want to do more with you” and slapped her on the bottom after the incident.

Ms Boivin said the girl told her friends what had allegedly happened a few weeks later, and one of them insisted that she tell her mother.

A Cairns District Court jury is deliberating on whether Keith William Marshall, 62, is guilty of rape and indecent treatment following a five-day trial. Picture: Brendan Radke

The jury was played a video of the police interview with the girl in July 2020 as well as her prerecorded evidence and cross examination by defence barrister James Sheridan.

Summing up on Friday, Ms Boivin said the girl was a credible, reliable and compelling witness.

“Mr Marshall denies that any of it ever happened, and there are no eyewitnesses to the offences, but this is not unusual in cases like this one,” Ms Boivin said.

“It certainly does not mean it didn’t happen.

“I suggest that you would find that her evidence was honest and forthright, it was not exaggerated, it was truthful,” Ms Boivin said.

She said the suggestion the girl made up the story to get attention from her friends and it escalated out of control had no basis.

The girl told her friends Mr Marshall had apologised, but later said that was not true.

“Don’t be distracted by the suggestions of Mr Marshall that this was teenage girls creating drama and excitement,” Ms Boivin said.

She said the girl was embarrassed and scared but answered police questions candidly and fluidly and without stumbling.

It was not disputed that Mr Marshall gave the girl a leg massage the previous evening.

Addressing the jury, Mr Sheridan said there were inconsistencies in the girl’s evidence.

“Allegations like this stick like mud,” he said.

“Imagine what this has done to the life of Mr Marshall, turned his life upside down,” Mr Sheridan said.

“He repeatedly and emphatically emphasised his innocence.”

He said Mr Marshall took himself to the police.

Keith William Marshall, pictured here giving a blood donation, is on trial for the rape and indecent treatment of a 12-year-old girl.

“He has already given a full, frank and detailed account to the police. He could not have said any more to you on oath,” Mr Sheridan told the jury.

“Consider his eye contact with police, looking directly at them, he did not shy away when allegations were made, his body language is positive.”

He argued at length that the girl said it was a “touching” and there was no penetration involved.

Mr Sheridan said the girl’s evidence that Mr Marshall would call her over to an area where parents waited to pick up children from school, and hold her hand and smack her butt was implausible.

“I would respectfully ask you to make a finding that there is a reasonable doubt, this is something that has just gone completely out of control,” Mr Sheridan said.

Originally published as Cairns courts: Keith William Marshall pleads not guilty to rape and indecent treatment