Mackay region man pleads not guilty to molesting stepdaughter 12 years ago

The trial of a man charged with historic child abuse offences has fallen over after a jury failed to come to a unanimous verdict. WARNING: Distressing content

The case against a man accused of rape and abuse against his 12-year-old stepdaughter more than 10 years ago has been declared a mistrial.

The trial of a man charged with historic child abuse offences has fallen over after a jury failed to come to a unanimous verdict.

The man, who cannot be named for legal reasons, pleaded not guilty in Mackay District Court to charges of rape and indecent treatment.

It is alleged he molested his 12-year-old stepdaughter three times in the Mackay region in 2012.

The five-woman, seven man jury began deliberating on Thursday but after about five hours the group was sent home for the day after failing to reach a decision.

The matter was adjourned to Friday morning, but at 10.30am a jury note confirmed a further hour had not led to agreement.

Judge Terry Gardiner discharged the jury and the case declared a mistrial.

The matters were adjourned to a new hearing date on December 9.

EARLIER: A Mackay man has been accused of breaching his “position of trust” by allegedly molesting his 12-year-old stepdaughter multiple times more than a decade ago.

Mackay District Court heard the historic offending allegedly occurred when the family were living in a locality within the region in 2012.

“Instead of treating (her) with love, he abused his position of trust to offend against (her) on three occasions … in their home,” Crown prosecutor Lydia Devereaux told an empanelled jury.

The man, who cannot be named for legal reasons, has pleaded not guilty to charges of rape and indecent treatment.

The court heard the offending included that he orally raped the young girl and touched her bottom and genitalia regions skin on skin contact.

It is also alleged on the first of the three occasions he took a photograph of her while she was under his care.

The court heard she allegedly told her mother some details after the first time of the alleged offending and expended on those alleged details in 2022.

Ms Devereaux told the seven-man, five-woman jury the issue was for them to decide if the man was guilty of the allegations and the case relied on the alleged victim’s evidence.

“The crown says that once you listen to (the girl) and assess her evidence, you would accept what she tells you and you would find (the man) guilty of the four counts that he’s charged with,” Ms Devereaux said.

Defence barrister Gregory McGuire, instructed by McKay’s Solicitors, urged the jury pay particular attention to the evidence.

The court heard the alleged victim had already given evidence that had been recorded and would be played for the jury in a closed court.

“I wanted to stress to you that it’s important … to keep an open mind until you hear all of the evidence,” Mr Gregory said.

“And particularly I want you to pay particular attention to these general areas, that is how the account of this young woman changes radically between two different statements and between her evidence in this courtroom.

“How or why she says she has a change in her account.”

The trial, under Judge Terry Gardiner, continues.