Keith Leonard Sailes’ trial for sexual assault halted after CCTV review

The trial against a Queensland man, who pleaded not guilty sexually assaulting two women during his time as a taxi driver, has collapsed after a judge’s call on CCTV footage.

Keith Leonard Sailes at the Kingaroy courthouse.

A former Kingaroy taxi driver who pleaded not guilty to charges of sexually assaulting two women in 2022 had his trial collapse only a few hours after it started.

Keith Leonard Sailes pleaded not guilty in Kingaroy District Court to two counts of sexual assault on Tuesday in a trial that was expected to last about three days.

Crown prosecutor Hamish McIntyre said in his opening statements that in February 2022, Mr Sailes was working as a taxi driver when he dropped a female passenger and her child off at a Kingaroy Motel.

“As he dropped (the woman) off at the motel she was staying at … the defendant kissed her,” Mr McIntyre said, adding the woman would testify the kiss “was not consensual” and would describe it as “tongue-kissing”.

“He did this outside of the cab.”

Keith Leonard Sailes at the Kingaroy courthouse.

The court heard another woman shared a similar alleged account about four months later in June 2022 after Mr Sailes dropped her off at an address.

“As she exited the cab, she agreed to a hug with the defendant, only for him to try and kiss her on the cheek while groping her bottom,” Mr McIntyre said.

“She didn’t consent to that”.

The court heard when police interviewed Mr Sailes he denied the allegations of sexual assault.

“He denies tongue kissing (the woman),” Mr McIntyre said.

“He denies grabbing (the woman) on the bottom. He says those things didn’t happen.

“He does accept that he’s the cab driver who drove those women and that he hugged those women.

The court heard Mr McIntyre told police he kissed the first victim on the forehead.

Keith Leonard Sailes at Kingaroy District Court

However, during the first day of the trial when the jury were waiting to return to the courtroom, Judge Vicki Loury KC took issue with some of the evidence shown in closed court.

She said the CCTV footage appeared to show Mr Sailes hugging the first alleged victim but didn’t appear to show Mr Sailes assault the woman.

Judge Loury questioned whether the CCTV footage had been viewed by the judge who considered the initial application for both charges be tried together.

Mr Sailes barrister, Jacob Robson, said he didn’t believe the footage was viewed by that judge.

Judge Loury said the first alleged victim was “unable to explain” the CCTV footage when it was shown to her in court during her testimony.

“There was a hug but there was no kiss and the hug is not the sexual assault”, Judge Loury said.

“Given all of the evidence that I have heard and seen in relation to count one, there is a reasonable view of it consistent with the innocence of the defendant which is that the complainant evidence is unreliable at the very least,” she said.

However, she did say the second alleged victim was a “compelling witness” who had also testified behind closed doors during the day.

Judge Loury ordered the two counts be “severed” meaning they can’t be tried together and ordered a mistrial.

She then asked the parties to consider the next steps.

The case will likely be mentioned again on Friday.

Mr Sailes, who has repeatedly denied all allegations, remains on bail.