Mackay man found guilty of indecent treatment of 12yo granddaughter

A Queensland grandfather has been found guilty of molesting his 12-year-old granddaughter and telling her “don’t tell Mum and Dad, I’ll deny it”. DETAILS

A Central Queensland man’s trial has wrapped for deliberation as the jury determines whether he squeezed his 12-year-old granddaughter’s breasts or she lied to lash out against his supervision.

A judge has slammed an Isaac region grandfather for having “no remorse” over molesting his young granddaughter in a “gross betrayal of trust”.

Mackay District Court heard the 12-year-old girl told several people in September 2021 that her granddad pulled her into his lap and squeezed her breasts, before saying “Don’t tell Mum and Dad, I'll deny it anyway”.

Nearly two years on, a jury of five and seven men have found him guilty of two counts of indecent treatment of a minor who is a descendant under care.

The grandfather’s sister, who was his only family support throughout the three-day trial said “oh sh-t” as the verdict was delivered.

Judge Leanne Clare said the man showed no regret for abusing the trust of someone who had loved him.

“(The girl’s) parents had placed their trust in you,” Judge Clare said.

“As a result of your crime, you appear to be estranged from your son and grandchildren.

“You’ve shown no remorse ... no compassion for the suffering that you caused at all.”

When allowed to address the court, the man said he had struggled with moving into a nursing home and was “incarcerated enough as it is”.

Defence barrister Scott McLennan said his 72-year-old client’s serious health issues - including diabetes, back issues, and chronic pain - were exceptional circumstances that should keep him from actual imprisonment.

Yet Judge Clare agreed with crown prosecutor Matthew Sutton’s assertion the man’s poor physical health was merely a relevant feature, though it was accepted it would make his time in jail “more onerous”.

“There has been a lot of emphasis on your age and poor health (but by your own admission) you were only in slightly better condition when you offended,” she said.

“This is an offence that is so serious that it calls for a period of imprisonment.”

For both charges, the man was sentenced to nine months jail to be suspended for a year after serving two months.

Convictions were recorded.

Trial Day 2: Grandfather labels 12yo a liar over claims he touched her breasts

A teenage girl has been accused of lying about her grandfather sexually abusing her because she was allegedly “resentful” over restrictions and doing chores.

The “motive” put forward by the defence team comes on day two of a trial by jury to determine whether a Isaac region granddad indecently touched his 12-year-old granddaughter.

Mackay District Court on Tuesday heard the girl told several people in September 2021 that her granddad pulled her into his lap and squeezed her breasts, before saying “Don’t tell Mum and Dad, I‘ll deny it anyway”.

Defence barrister Scott McLennan said the 12-year-old had made up the incident as she was angry that the granddad had imposed chores and restrictions on her.

“You’ll recall that before my client was invited up by his son to look after the children, that she essentially came home after school and could do whatever she wanted (while her parents were at work),” Mr McLennan told the jury.

“Instead my client moves to (the Isaac region town) and suddenly she loses that freedom, she’s asked to do chores, asked to get off the phone she’s glued to.

“So she becomes resentful.

“There’s a possible motive there for why she would make a false complaint.”

Mr McLennan also outlined several inconsistencies from witnesses’ testimonies.

He said the girl stated the touching had happened at the dining table while discussing star signs, while other witnesses said it occurred outside the home while stargazing.

The court heard the grandfather submitted himself to cross-examination and denied the alleged incident had occurred.

Crown prosecutor Matthew Sutton retorted that a 12-year-old girl lying because “she didn’t want her grandfather looking after her anymore” strained common sense.

“In my submission you wouldn’t find that a persuasive motive at all,” Mr Sutton said.

Mr Sutton told the jury of seven men and five women that the girl’s initial evidence was taken in September 2021, and minor inconsistencies could be expected when she and several witnesses were now being asked to recall events that occurred almost two years ago.

He said despite confusion about the location of the offence, the details of the alleged touching remained consistent.

The court further heard there were no requirements for how victims of sexual violence “should behave”.

Judge Leanne Clare summed up the case for jurors on Tuesday afternoon and the verdict is expected to be handed down on Wednesday.Judge Leanne Clare summed up the case for jurors on Tuesday afternoon and the verdict is expected to be handed down on Wednesday.

Trial Day 1: Grandfather charged with touching 12-year-old girl in his care

A Central Queensland man faced the first day of his trial after being accused of indecently dealing with his 12-year-old granddaughter.

Mackay District Court heard the man was charged with pulling the young girl into his lap and squeezing her breasts.

Crown prosecutor Matthew Sutton said the incident allegedly occurred over two years ago in September, 2021.

“She was 12 when she told police about what her grandfather did to her,” he said.

“And a few months before that, sometime in September … she was at her grandfather’s house while he was looking after her.

“The defendant pulled the complainant by her wrists onto his lap and squeezed both of her breasts for about 30 seconds in the dining room.”

The man was arraigned for two counts of indecent treatment of a child under 16 who is a lineal descendant under care.

In his opening statement, Mr Sutton said the girl told several family members about the alleged abuse before going to police.

The court heard three voicemails would be tendered, each left by the victim telling her sisters about the alleged incident before she went to police.

Mr Sutton said the girl had also told a teacher at her state school, who was also listed as a witness.

Barrister Scott McLennan represented the accused before Judge Leanne Clare.

A jury was empanelled with seven men and five women.

Court was closed for witness evidence with the trial expected to continue for two or three days.