Disable daughter ‘unreliable’ claims barrister of XY on trial in Bega for sexual touching

The defence has made their last ditch plea to a jury in the trial of a man accused of sexually touching his intellectually disabled daughter, allegedly sliding his hand down her underpants.

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

The intellectually disabled daughter who was allegedly sexually touched by her father has been branded as “unreliable” by the accused’s barrister in his final plea to a NSW Supreme Court jury.

Defence barrister Jonathan Cooper urged the jury on Wednesday that his client was not guilty for a number of reasons, including the girl’s reliability.

The submission arose amid closing statements on the third day of the trial sitting at Bega on the NSW far South Coast.

The man, who can only be referred to as XY for legal reasons, previously pleaded not guilty to two counts of intentionally sexually touching a child.

The Crown alleges 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 is being heard at Bega District Court.

The closing statements from Mr Cooper and Crown prosecutor Nerissa Keay, come a day after a teacher told the jury during Ms Keay’s examination in chief, how the girl confided with her about the father’s alleged touching.

“Dad is cheating on mum with me,” the student said according to the teacher.

In closing, Mr Cooper said his client was not guilty because “he told you (the jury) he didn’t do it” and the Crown’s evidence was of “low quality”.

Mr Cooper said the Crown’s evidence was not reliable, submitting the girl was answering “leading” questions.

“A leading question is one that suggests the answer as part of the question,” Mr Cooper explained.

He said while police interviewing the girl may have been trying to help her, they inadvertently “tainted evidence”.

“For example, they asked ‘do you feel safe at home?’ and she said yes. They then asked, ‘do you feel unsafe at home?’ and she said yes,” Mr Cooper told the jury.

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.

However, Ms Keay said the girl’s intellectual disabilities made situations, such as being interviewed by police “difficult”.

“She sought out trusted adults and disclosed to both of them that her dad was touching her,” she said in her closing statement.

“You do need to consider her evidence very carefully.

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

The jury in the trial before Justice Dina Yehia SC retired to deliberate.

Got a news tip? Email us at [e-mail]

Originally published as Disable daughter ‘unreliable’ claims barrister of XY on trial in Bega for sexual touching