Convicted child molester granted bail for appeal
A MACKAY man convicted of molesting his daughter has been granted bail until his appeal is heard. He is challenging issues at his trial.
Justice Jean Dalton said the man, who cannot be named to protect his daughter's identity, had been found guilty of touching his daughter's vagina when she was under 16.
In Brisbane Supreme Court on Tuesday, Justice Dalton said the girl had been taken from her biological parents at birth. The parents had at first had limited supervised contact with their daughter, and later had limited unsupervised contact.
Justice Dalton said there had been inconsistencies in the child's evidence at trial.
She said that was not unusual, but that in this case there were reasons to be "worried” about the inconsistencies.
Those included that the girl had been "prematurely sexualised” and "exposed to negative views” about her father.
She said the girl had previously made two complaints, which police had not taken further, deeming the first as "extremely unlikely” and second as "unreliable”.
Justice Dalton said the fact the man's lawyer had not raised those allegations before the jury could mean grounds to take the matter to the Queensland Court of Appeal on counsel's competence.
She said the judge in the trial repeated some evidence to the jury when they came back with a question and mistakenly told them it was the only evidence that related to when the offence had allegedly occurred.
In fact there had been two other pieces of evidence that related to the time of the alleged touching that the judge neglected to repeat, Justice Dalton said.
She said the jury delivered a verdict 10 minutes after hearing the judge repeat the evidence.
Justice Dalton said there were "exceptional circumstances” in the case which meant the man should be granted bail.
She said the man had already spent some time in jail and an appeal was not likely to be heard before February.
Justice Dalton ordered he report to police weekly.