Fraser Coast grandfather found guilty of rape charges

A jury has found a Fraser Coast grandfather guilty of four counts of rape and one of maintaining an unlawful sexual relationship with a child after a three-day trial in Hervey Bay District Court. Here’s what the court heard:

A Fraser Coast grandfather has been found guilty of raping his young granddaughter after a three-day trial in Hervey Bay District Court.

On Thursday, September 8, the man was sentenced to five years jail for maintaining an unlawful sexual relationship with a child, and two years and six months jail for four counts of rape.

The 72-year-old man, who cannot be named for legal reasons, pleaded not guilty to the charges on Tuesday, September 6.

In her opening statement on Tuesday, crown prosecutor Elise Sargent told the court the offending took place when the girl visited her “nan and pop’s” house on the Fraser Coast.

Ms Sargent said the girl’s grandfather was her step-grandfather, but in her life, she called him “pop”.

A Fraser Coast grandfather has been found guilty of raping his young granddaughter after a three-day trial in Hervey Bay District Court.

Ms Sargent said it was during those visits that her “pop” touched her inappropriately, penetrating her genitals, on occasions while her “nan was asleep”, and in the dark when no one was around.

She told the court there were four particular instances the girl remembered, starting from when she was seven years old.

Ms Sargent said on one occasion, when the girl was about seven years old, her pop sat next to her on the lounge when he touched her inappropriately.

“He told her to be quiet because nan would see if she woke up,” Ms Sargent said.

On another occasion, Ms Sargent said he went into the spare room where his granddaughter was sleeping.

The young girl woke up to her pop sitting on the bed, the court heard.

Ms Sargent said he began to touch her inappropriately and told her to “go back to sleep”.

He had “followed her into the kitchen” on another occasion, Ms Sargent said, turned off the lights, and “told her to shush”.

The girl was about 12 years old at the time.

Ms Sargent said on another occasion he “squeezed” his granddaughter's chest, telling her it would “help her boobs grow”.

Ms Sargent said the girl told her stepmother about what happened when she was 14 years old, after her stepmother saw an entry written in her diary.

Ms Sargent said the girl “broke down”, refusing to tell her stepmother about what happened, but eventually told her that it was about her pop.

In April 2020, the family went to the police about the incidents.

In his opening statement on Tuesday, defence barrister Tristan Carlos told the jury to pay close attention to the timing of the girl’s complaint and the events leading up to it, particularly the diary entry.

He also asked the jury to keep an “open mind” when considering the evidence and whether it proved the charges before the court.

The jury returned a guilty verdict on Thursday, September 8.

Judge Tony Moynihan QC sentenced the 72-year-old man to five years jail for maintaining an unlawful sexual relationship with a child, and two years and six months jail for four counts of rape.