South Burnett businessman found not guilty of rape

A jury in the trial of a South Burnett businessman accused of raping his own daughter has found him not guilty of that charge, but could not reach a unanimous verdict on a second charge.

The Kingaroy District Court heard on Tuesday the man, who cannot be named for legal reasons, sexually assaulted a child under the age of 16 over a period of 10 years.He is also accused of raping when she was an adult.

A South Burnett businessman has been found not guilty of raping his own daughter.

The trial in Kingaroy District Court concluded on Friday morning with the jury delivering a not guilty verdict on the rape charge, but unable to reach a unanimous verdict on a second charge of maintaining an unlawful sexual relationship with a child.

Deliberations began on Thursday - by the afternoon the jury announced it had reached a verdict on the charge of rape but was unable to reach a verdict on the other charge.

The judge asked the jury if it would like to come back the next day to try to reach a verdict, which it agreed to do.

During deliberations, the defendant, who cannot be named for legal reasons, appeared relaxed at times, talking and laughing with members of his party. Other times he seemed agitated, pacing up and down and looking over to the courtroom door each time it was opened.

Shortly before 10am on Friday, November 3, the jury announced it was unable to reach a verdict for the first charge, but found the man not guilty on the second charge.

The judge thanked the jurors and dismissed them.

The case will be heard again in early 2024, when prosecutors will decide if they will retry the charge of maintaining an unlawful sexual relationship with a child.

During the trial the court was told the abuse allegedly started when the girl was six or seven years and was described as “habitual” and “repetitive”, occurring multiple times a week until she was 16.

Most of the abuse is alleged to have happened at the defendant’s home; in his bed which he shared with his wife and in other rooms including the bathroom where he would allegedly force her to perform sex acts on him.

In the opening statement by the prosecutor, the court heard the alleged victim would give evidence that “you don’t know when it was going to happen, you just felt him. He’d crawl in beside you or he’d stand a little near beside you, or in the bed he’d be undressing you”.

A jury was unable to reach a unanimous verdict for a man, who cannot be named for legal reasons, charged with sexually assaulted a child under the age of 16 over a period of 10 years. He was found not guilty of raping her when she was an adult.

“It’s like he did the job, cleaned up and walked out,” the statement read.

When the alleged victim was 16, she confided to somebody else about the alleged abuse, and went to live with their family.

The court was told the girl had also confided in several other people while the alleged abuse was taking place as well as later in life.

While reading the statement, the prosecutor said the defendant allegedly told the girl not to tell anyone and would often ask, “Have you mentioned it yet?” to which she would always say no.

The matter is expected to be heard again in February, 2024.