Mackay father charged with raping and sexually abusing his niece during sleepover at his home

He was charged with raping and sexually abusing his niece during a sleepover – the jury has handed down its verdict.

A Mackay father has been found not guilty of rape and indecent treatment charges against his niece.

WEDNESDAY: A Mackay jury found a father accused of raping and sexually abusing his niece during a sleepover has been acquitted on all charges.

One of his supporters who had packed one side of the courtroom, yelled out “yes” as the verdict was delivered just before 3pm.

In a Mackay District Court trial which began on Monday, the man had pleaded not guilty to one count of digital rape and three counts of indecent treatment of a child under care.

In her summing up to the jury Judge Julie Dick labelled the police interview with the man, who cannot be named, as “highly improper” in her view.

“Their method of interrogation, with the air of disbelief in their voice and demanding from him a motive, is quite improper,” Judge Dick said.

“And I’ll say this, it’s improper because their opinion doesn’t matter.

“We don’t have trials by police officers. If police officers’ opinions mattered to that extent, we wouldn’t have trials.”

The court heard the officers had repeatedly asked the man why the child would make such a complaint to her school and police.

One of the officers also made a comment about his reaction saying it was not how she would have reacted.

Judge Dick told the jury to put the police officers’ view to one side as it was irrelevant, it was only the views of the seven men and five women that mattered.

The girl had accused her uncle, who cannot be named as it would identify the child, of kissing her on the lips and touching her breasts and vagina during two sleepovers.

Judge Dick told the jury half of the case was the credibility and reliability of her evidence, which was heard during a closed court session.

The jury began deliberations at 11am Thursday and returned a not-guilty verdict about 2.50pm.

TUESDAY: A father accused of raping his niece during a sleepover told police the girl’s sister had also made allegations of sexual abuse against another man.

The man has pleaded not guilty to digital rape and three counts of indecent treatment of a child under 16 under his care.

It is alleged the offending occurred during a sleepover at the accused’s home.

The girl has accused him of molesting and digitally raping her when she was on a couch.

Mackay District Court heard during his interview with police in late 2019, which was played for the jury, he commented “I’ve heard all this before, but not with me”.

The man, who legally cannot be named as it would identify the alleged victim child, said the “whole situation exactly like this, has happened before” with the child’s sister.

He told police “the other sister” had accused another man of molesting her.

Mackay Child Protection and Investigation Unit officers questioned whether the man had ever kissed or touched the child inappropriately and he said no.

One of the officers asked if there was any reason why the child would have told her school or police that he had kissed her on the lips and touched her breasts and vagina.

“I want to know that as well,” he told the officers.

The jury previously heard the child’s mother phoned the man and asked if anything had happened or if there was anything he wanted to tell her – police had recorded the call.

“I didn’t know what to think to be honest, I didn’t know how to react,” he told the officers.

When asked how hearing the allegations made him feel, the man said, “like sh*t to be honest, (because) I raised these kids”.

The court heard he treated the child “like his own” and had been a father figure to her.

As the man’s barrister Stephen Zillman questioned one of the officers, the court heard it was common practice for police to secretly record phone calls in cases such as this.

“He made no admissions whatsoever,” Mr Zillman asked, and the officer said that was correct.

The court heard he promptly went to the police station when asked and agreed to take part in an interview during which he did not seek legal advice or support.

Mr Zillman called two witnesses to give evidence during the trial including the man’s wife.

The court heard during some of the sleepovers she slept on a double mattress up against one of the couches, her husband would be opposite her on a single mattress with two younger children between them – the older children including the girl were on the couches.

She told the court during the sleepovers there was light from the fish tank in the lounge room. and the kitchen light and toilet light were always left on.

“Was there sufficient light then in the room that if a person was awake, they could see what was happening within the room?” Mr Zillman said.

“Of course, yes there was,” the man’s wife said.

“Was there ever any occasion of which you were ever aware of where (the man) was sexually interfering with (the girl)?” Mr Zillman asked the woman.

“Absolutely not,” she said.

The trial, under Judge Julie Dick, continues.

MONDAY: A Mackay father is on trial for allegedly raping his niece during a family sleepover at his home.

The man, who cannot be named for legal reasons, faced Mackay District Court on Monday for the first day of an expected two-day trial by jury.

He is charged with rape and three counts of indecent treatment of a child under 16 under his care.

Crown prosecutor Samantha O’Rourke said the uncle had treated his niece “like his own daughter”.

“But as (the girl) will tell you, he is also a man who sexually abused her,” Ms O’Rourke said during her opening address to the court.

“(The girl) and her family moved back to Mackay in 2015.

“When they did, she and her sister would often visit (the uncle’s) house.

“He lived with his wife. They also had a son.

“It was during one of those early visits when (she) was in grade five or six when the uncle first sexually abused her. Everyone had been sleeping in the lounge.”

The court heard this included the girl, her sister, uncle and cousin.

“They had been watching a movie and almost everyone had fallen asleep except for (her) and her uncle,” Ms O’Rourke said.

“While (she) was lying on the couch, the defendant started touching and squeezing her breasts.

“He also put her hand on his penis. After a little bit of time he stopped and went back to sleep.

“(She) went back home the next day, scared. She didn’t tell anyone what had happened to her.

“She and her sister continued to visit (uncle) over the years and in those years, nothing else untoward happened.

“But then it happened again.”

Ms O’Rourke said the second incident, believed to have occurred in late 2019, started with the uncle kissing his niece on the couch.

“(The girl) could smell the cigarettes on his breath,” she said.

“Again he touched her breasts, but this time he also kissed them and he touched her vagina again, but this time as he was rubbing her vagina there was some penetration … the rape count.”

Ms O’Rourke said the niece again kept the incident to herself until one day confiding with a school friend.

The courtroom was closed to the public for most of Monday as the five women, seven men jury heard evidence, including from the girl and her friend, with it reopening towards the afternoon.

It was then the girl’s mother was called to give evidence during which Ms O’Rourke asked how often her daughters visited the uncle’s home.

“They were quite frequent,” she said.

“Pretty much every weekend (the uncle) was ringing myself asking if the girls can stay.”

The court heard this changed to about once every three weeks towards 2019.

Defence barrister Steve Zillman, instructed by Macrossan and Amiet Solicitors, asked her when she first learned of the alleged offending.

The mother said it was after she collected her daughter from school on the Friday afternoon of October 25, 2019 in readiness to head to Airlie Beach for the weekend.

They were to celebrate the girl’s grandmothers’ birthday, along with about 40 extended family members which included the uncle.

The mother said they waited until returning home to report the offending at Mackay police station on Monday, October 28.

While at the station, the mother phoned the uncle with a recording of the 10 minute conversation played for the jury.

“When my girls have stayed at your house, has something happened or is there something you want to tell me?” the mother is heard asking him.

The uncle asked for more details before saying, “I wouldn’t do anything like that.”

The mother asked what he meant to which he replied, “(I) obviously (thought) the worst.”

She told him her daughter pretended to sleep during the incidents because she was scared.

He continued denying anything happened but said he understood why the mother must believe her daughter, as is her role as the parent.

In continued cross-examination Mr Zillman asked the mother why she had not disclosed during her initial 2019 interview with police, as well as during an other court hearing in late 2020, about another incident involving the uncle.

The court heard the girl had told her mother she was showering with her younger sibling when she spotted her uncle “ducking down outside” and crouching “right down”.

The mother said she had not mentioned the incident as things came and went from her mind with the peeping incident not as “severe” as the “touching”.

The girl’s stepfather also gave evidence during the trial in which Mr Zillman asked him about the sequence of events, including the alleged offending in 2019.

“She was asleep in a bedroom when he came in and that he kissed on her on the mouth and said, ‘Sorry’ and that she smelt smoke on his breath,” Mr Zillman said.

The stepfather agreed.

The trial is expected to continue on Tuesday.

Originally published as Mackay father charged with raping and sexually abusing his niece during sleepover at his home