Soiled undies rubbed in face

A GOLD Coast father smeared soiled underwear into the face of his 12-year-old son and then kicked him twice while he was on the ground, a court has been told.

The 40-year-old walked from Southport Magistrates Court yesterday with a sixmonth probation order after he pleaded guilty to two counts of common assault.

The incident was only revealed after the boy called Kids Helpline the afternoon of the assault.

The father of four, who cannot be named for legal reasons, still has custody of the boy with his wife but is now under the watch of the Department of Child Safety.

Magistrate Mark Howden placed the man on probation for six months.

“We don’t often see matters of family discipline before the courts but given the way you reacted to the son it seems appropriate,” he said.

Police prosecutor Sergeant Nicole Jackson told the court the incident started when the man found his son’s soiled underwear in the laundry basket when he was doing the washing on July 26.

“He has approached the victim for leaving his underwear in this laundry,” Sgt Jackson said.

“He rubbed the soiled underwear in the face of the victim.

“The defendant then pushed the victim child to the ground and proceeded to kick him twice to the upper left side.”

She said the boy’s mother told her husband to stop.

Sgt Jackson said the man was wearing closed in shoes but the kicks did not injure or leave a mark on the boy.

The court heard the boy had a bowel condition which was why the underwear was soiled.

Sgt Jackson said the boy was able to go to school but when he returned home called Kids Helpline.

Defence lawyer Tanya Williams, of Ormeau Legal Solicitors, said the incident was isolated.

She said it was sparked out of growing frustration.

“This seems to be an ongoing issue in the family in that they find soiled underwear hidden around the house,” Ms Williams said.

The boy suffered a bowel condition that contributed to the problem.

Ms Williams said the father was willing to undergo counselling with the Department of Child Safety but was told he could not start until the matter was dealt with in court.

No conviction was recorded.