Mark Anthony Higgins found guilty of indecent treatment charges in retrial

Emotions ran high in a Sunshine Coast courtroom as a former businessman was found guilty for the second time of historical child abuse charges after appealing his initial conviction.

Former of owner of Nambour music store Shake It Up is facing trial over two alleged child abuse offences.

A jury has found Sunshine Coast businessman Mark Anthony Higgins guilty of two counts of indecently treating a child under 16, marking the second time he has been convicted of the offences after appealing his first conviction.

As the verdicts were read out in the Maroochydore District Court, a supporter of the victim let out an audible “yes” while the victim, who was present, broke down in tears as she was comforted by those around her.

Higgins, 59, remained expressionless.

The retrial followed Higgins’ appeal against his original conviction.

On March 3, 2023, he was found guilty and sentenced to one year in jail for the historical charges of indecently treating a child under 16, serving six months before being released on a suspended sentence.

He was also previously acquitted of two additional charges of indecent treatment of a child under 12.

During the retrial, the court heard Higgins massaged a girl who was about 11 or 12 at the time and “cupped” her breast during the massage.

Mark Anthony Higgins has been found guilty of two historical counts of indecently treating a child under 16.

On another occasion, when alone with the victim, he exposed himself to her and made some untoward comments.

Higgins was represented by defence barrister Russell Pearce, who argued that Higgins was a victim of blackmail and said in his closing statements that there was a “real risk of criminal law being weaponised” against his client.

The jury, composed of eight women and three men, began deliberations on Thursday before returning on Friday afternoon with their verdict.

A twelfth juror was dismissed for contravening court directions before deliberations began.

Before sentencing, the victim stood in the courtroom to deliver an emotional victim impact statement.

She described the ordeal’s physical, emotional and financial toll on her life.

“Words are not quite sufficient,” she said.

She said the circumstances had a “lingering effect” on her life and significantly impacted her relationship with her husband.

“Thankfully, with various methods of professional help, I’m no longer tainted with this negative image,” she said.

“My mother and I have spent thousands on professionals over the years, and ongoing.”

She thanked her family and friends for their love and support, saying the events had ultimately “empowered” her.

She then had a final message for Higgins.

“To Mark, I only hope that you can find healing amongst your own pain to witness the beauty that unfolds,” she said.

Seven jurors returned to the courtroom for sentencing, where Judge Michael Byrne noted that Higgins had already served his original sentence.

Maroochydore Court House. (AAPImage/David Clark)

Higgins’ defence argued that imposing a harsher penalty would be “grossly unfair” and mentioned that he had lost his business.

Higgins, a well-known figure in the Sunshine Coast music industry, founded Shake It Up music shop on Currie St, Nambour, in 2004.

The store, which expanded into a three-storey megastore, was one of the largest in the region before being rebranded under new ownership.

The court heard he now works as a labourer.

Judge Byrne sentenced Higgins to the same term, meaning he was able to walk free.

He acknowledged the sentence might cause public outrage among those unaware that Higgins had already served time for the charges.

“It will cause a sense of outrage to those who do not understand that people are not punished for going to trial,” Judge Byrne said.

He confirmed Higgins would remain a reportable offender for the next five years.

Convictions were recorded.

Outside of court, Higgins solicitor, Tom McKee, gave a statement to the Sunshine Coast Daily.

“We are disappointed by the outcome having spent four years now to defend his reputation,” Mr McKee said.