School groundskeeper Sibara Baragud found not guilty of indecent treatment

A Cairns jury has found a school groundskeeper not guilty of sexually abusing a young girl.

The Cairns Court House building on Sheridan Street. Picture: Brendan Radke

A Cairns jury has found a school groundskeeper not guilty of sexually abusing a young girl.

The jury found Sibara Baragud not guilty on all three charges laid against him in Cairns District Court on Thursday.

Mr Baragud had pleaded not guilty to two counts of indecent treatment of a child under 16 and one of grooming a child under 16 with the intent to procure a sexual act.

The four day trial was the third attempt to reach justice after two previous trials failed to reach a conclusion.

The first trial resulted in a hung jury and the second was aborted by Judge Joshua Trevino after a disruptive juror caused a mistrial.

Mr Baragud’s defence counsel Kelly Goodwin had told the jury the girl had “motive to lie” during the trial and described Mr Baragud as a “soft target”.

“The undeniable fact is the only direct evidence that supports any allegations that gives rise to the charges comes from her and I submit there are too many inconsistencies in her evidence which must leave you with reasonable doubt,” he said.

“You must find Mr Baragud not guilty because he did not touch her …,” Mr Goodwin told the jury.

Barrister Kelly Goodwin leaves the Cairns Courthouse. Picture: Brendan Radke

Both the prosecution and defence relied heavily on the evidence the young girl gave in police interviews and later in cross-examination for their arguments.

Mr Goodwin told the jury to pay close attention to her manner and body language and how she seemed to be searching for answers.

Crown Prosecutor Tim Watkins told the jury the focus should rightly be on her evidence.

“She knew this was a serious place where the truth must be told,” he said.

“If this was a snowballing effect do you think it makes sense for her to stick by her guns at that point?”

Mr Watkins didn’t provide any dispute to Mr Baragud’s standing with the community and with the family of the young girl, telling the court they “trusted and like him”.

“I am not disputing Mr Baragud had a good reputation in the community, that he was a trusted and respected member of the community,” Mr Watkins said.

Before the jury retired to deliberate Judge Joshua Trevino reiterated the girl was the “crucial witness” and they must decide if any inconsistencies were innocent error or a result of dishonesty.

BRISBANE, AUSTRALIA - NewsWire Photos SEPTEMBER 21, 2023: Judge Joshua Trevino KC during a welcome ceremony in the Brisbane Supreme Court. Picture: NCA NewsWire/Tertius Pickard

Witnesses including the girl’s mother described Mr Baragud as a “friend” and a trusted member of the community.

The school’s principal who gave evidence told the court that Mr Baragud was a respected Elder.

“He was punctual, and always carried out his duties to the best of his abilities,” she told the court.

The principal confirmed Mr Baragud had a blue card and said she had never had any concerns about him working with children.

“He was an ‘Athe’ which meant the kids respected him and listened to him.”

Originally published as School groundskeeper Sibara Baragud found not guilty of indecent treatment