North Burnett father found guilty by jury in Townsville District Court of rape and sexual abuse of daughter

After listening to the disturbing details of a little girls’ evidence in a three-day trial, a jury has found a father guilty of raping and sexually abusing his daughter. (Warning: distressing content)

North Burnett father found guilty by jury in Townsville District Court of rape and sexual abuse of daughter Picture: File photo

A regional Queensland father has been found guilty of raping and sexual abusing his 10-year-old daughter as she tried to sleep one night in their family home.

Following the three day trial in Townsville District Court, a jury deliberated for just one hour and on Thursday afternoon came back with a verdict of guilty for both rape and indecent treatment of a child under 12 of lineal descent.

The North Burnett man who cannot be named to protect the identity of the child sat with a vacant look on his face as the verdict was revealed.

It was alleged at the beginning of the trial – that has now been accepted as fact by the jury, that the father raped his daughter while laying behind her in bed, and performed oral sex on her.

In the days leading up to the verdict, the jury heard from the victim, her sisters, her mum and doctors and scientists involved in the investigation.

During the final summing up of the trial, crown prosecutor Shannon Sutherland reminded the jury that the DNA evidence was “overwhelming” with 10 different samples being taken from the child’s underwear that she wore on the night of the offending which contained ‘possible’ traces of the man’s saliva.

Judge Gregory Lynham when providing final directions to the jury before they deliberated reminded them that despite there being DNA evidence found in the girl’s underwear, it was not “absolute proof” he had committed the offences.

“There is no suggestion there has been contamination but it’s a matter for you to weigh up,” His Honour said.

“(The defence) referred to parts of her cross examination in relation to secondary transfer and explained there was a number of ways someone’s DNA could be found on a sample.”

Ms Sutherland in her closing address, reaffirmed to the jury that the victim’s sister remained “adamant” throughout the entire trial of what she said she saw through the cracks of their bedroom wall.

The mother of the victim, and the man’s now ex-wife also provided evidence in court where she described seeing the man lying in the child’s bed positioned behind her.

Defence barrister Kelly Mython instructed by Rennick Lawyers claimed the child and her sisters had made up the allegations.

She told the jury there was an “evolution” of the girl and her sister’s stories over the interviews with police and said the victim was not a reliable witness after confusing the colour of her bedsheets with times other alleged offences were said to have occurred – for which the man was not on trial for.

The defence team throughout the trial suggested the victim only claimed the father penetrated her after being told so by her sisters, who claimed to have seen it happen.

Ms Mython also highlighted that the sister’s recount could not be relied upon as the lights were off at the time she said she saw the man rape her sister.

Judge Lynham said it was his usual practice to revoke someone’s bail on the spot after being convicted by a jury, however due to complex health issues the man suffered from there needed to be a process put in place by corrective services and authorities before transferring him to the watch house and consequently enlarged his bail.

His Honour adjourned the matter for mention on June 6 at 2pm in Townsville District Court, where the crown and defence will discuss the arrangements made to manage the man’s health from behind bars and then set a date for sentence.

TRIAL, DAY ONE

A man is on trial after being accused of raping his then 10-year-old daughter in their regional Queensland family home.

The man who can’t be named to protect the identity of the girl appeared in Townsville District Court Monday morning and pleaded not guilty to one count of rape and one count of indecent treatment of a child of lineal descent.

After the jury was empaneled, crown prosecutor Shannon Sutherland alleged that between April 4 and May 21 in 2021 the girl’s father went to the 10-year-old girl’s bedroom and laid behind her in a spooning position before raping her.

“To use her own words, ‘my dad was being disgusting’,” Ms Sutherland said.

On a separate evening, the man also allegedly performed oral sex on the girl in their North Burnett home while she was once again in her bedroom.

Ms Sutherland told the jurors they would hear from the girl’s older sister who claimed she saw their father perform oral sex on the girl through gaps and cracks in the wall separating their bedrooms that their father had built.

The crown said the sister didn’t say anything at the time in fear of getting in trouble.

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A day after the alleged rape, the girl told her mother about what happened before they collectively went to the local hospital and police station, the court was told.

Ms Sutherland said a forensic scientist tested the girls’ underwear she had worn on the night of the alleged offending, with examinations reporting a “possible presence of saliva” that matched the father’s.

A swab of the girl’s genital area was also swabbed, with Ms Sutherland reporting “a small part of his DNA” was also detected.

The scientist along with a family friend, doctors and police officers from the initial investigations will be called upon throughout the trial to provide evidence.

Ms Sutherland said that in the alleged victim’s cross examination a defence barrister, separate to the one present in the trial suggested to the girl she had lied about the alleged offending and “made them up” to which the girl disagreed.

Defence barrister Kellie Mythen who is instructed by Rennick Lawyers will represent the man in the trial that is expected to go for three to four days.

A jury of seven men and five women will deliberate on the conclusion of the trial.

The court was closed on Monday for the alleged victim and her young sisters to provide evidence, and will resume Tuesday morning.

Originally published as North Burnett father found guilty by jury in Townsville District Court of rape and sexual abuse of daughter