Jury unable to reach a verdict in NSW Supreme Court trial of far South Coast father XY

The jury in the trial of a far South Coast father accused of sexually touching his intellectually disabled daughter have failed to reach a unanimous verdict.

XY is charged with two counts of intentionally sexually touch child. Picture: Generic, file

The jury in the trial of a far South Coast father accused of sexually touching his intellectually disabled daughter have failed to reach a unanimous verdict.

The trial of the man in his 30s, who can only be referred to as XY for legal reasons, began on Monday in the NSW Supreme Court sitting at Bega.

XY previously pleaded not guilty to two counts of sexually touching a child.

Following three days of witness examination and statements from Crown prosecutor Nerrisa Keay and defence barrister, Jonathan Cooper, the trial has come to an end, albeit, with no verdict reached.

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 trial was heard at Bega District Court.

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

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

“Dad is cheating on mum with me,” the teacher said the girl told her.

During her evidence, the girl’s mother said her daughter also confided with her about the alleged sexual touching, resulting in XY leaving the house and his relationship with the girl’s mother ending.

Closing statements were presented to the jury on Wednesday, where XY’s defence submitted his client’s daughter was “unreliable”. 

The defence barrister cited the girl’s “constant” inability to remember aspects of the allegations a 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.

“When you apply your common sense, reason and your understanding of people, you can conclude that the accused is guilty of both counts,” she submitted to the jury.

The jury in the trial before Justice Dina Yehia SC retired to deliberate on Wednesday afternoon, before returning to the court on Thursday afternoon having failed to come to a unanimous decision.

Justice Yehia discharged the jury with XY due to return to court on October 11 when a new trial date will be set.

His bail was continued.

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