Jury finds south coast father did not sexually touch daughter following retrial in Supreme Court

A jury has found a south coast man not guilty of allegedly sexually touching his daughter, following a retrial in the NSW Supreme Courts.

XY has been found not guilty of two counts of intentionally sexually touch child. Picture: Generic, file

A jury has found a man not guilty of allegedly sexually touching his daughter, after the case went to a retrial in the NSW Supreme Courts.

The trial of the man in his 30s, who can only be referred to as XY for legal reasons, took place in the Supreme Court in Bega in October, with the first trial ending with the jury unable to come to a unanimous decision.

XY returned to the Supreme Court in Bega this week, where he was ultimately found not guilty of two counts of sexually touching a child by a new jury.

During the trial, the Crown alleged XY placed his hand on his daughter’s chest above her clothes, before sliding his other hand inside her underpants in her bedroom one evening in late 2022.

The jury heard from witnesses including the complainant, her mother and her teacher.

XY’s trial was held in the NSW Supreme Courts in Bega.

During Crown prosecutor Nerissa Keay’s examination in chief of the teacher, she stated her student confided with her about her father’s alleged sexual touching.

In closing statements, XY’s defence barrister Jonathan Cooper submitted his client’s daughter was “unreliable”.

Mr Cooper cited the girl’s “constant” inability to remember aspects of the allegations was key to her unreliability.

“Police asked her, ‘where did he touch you?’ and she said ‘I don’t know’. Police asked again, ‘what time of day did this happen?’ and she said ‘I don’t remember’,” Mr Cooper said.

Ms Keay submitted in her closing statement that the girl had trouble answering these questions due to her intellectual disabilities.

XY, who was on bail at the time of the trial, was found not guilty of both charges.

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