Retired NSW Ambulance assistant commissioner Peter Payne cleared of sexually touching child
A former high-ranking figure of the NSW Ambulance has been acquitted for child sexual touching charges despite the complainant being described in court as “articulate and intelligent”.
Police & Courts
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The retired former assistant commissioner of the NSW Ambulance was all smiles as he marched out of court on Friday after being cleared of charges he sexually touched a child.
Peter Charles Payne faced a hearing at Downing Centre Local Court last year after pleading not guilty to two counts of intentionally sexually touching a child under 10.
Payne, 65, served more than four decades in the NSW Ambulance service where he reached the position of assistant commissioner before retiring in 2021.
Magistrate Gregory Moore deliberated over his decision before handing down two not guilty verdicts on Friday.
Mr Moore told the court the key element of the charge which needed to be proven by the Crown was whether any touching was intentional.
The court heard both of the charges related to allegations Payne stuck his hand down a child’s pants.
The court heard there were inconsistencies with how the complainant described the allegations to their mother and then police, however, Mr Moore said he would not expect a child to be “100 per cent accurate” about describing sexual touching.
The magistrate said the child complainant was “articulate and intelligent”, but said the evidence from all parties, including Payne led him to the view the offences were not proven beyond reasonable doubt.
Mr Moore also noted the Crown had failed to establish Payne had a sexual interest in children which they had framed as a key factor in the prosecution case.
The court had heard testimony about Payne having issues with alcoholism with the man admitting would over consume vodka in the wake of one of his children passing away.
“I didn’t drink when I was going to work because of my responsibilities, but I would drink in the evening,” Payne said to detectives.
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