The Gold Coast Bulletin

Tears and shakes after rape acquittal

- LEA EMERY lea.emery@news.com.au

A MAN accused of raping his 17-year-old niece when she visited him on the Gold Coast 10 years ago wept as a jury acquitted him of all charges yesterday.

The 71-year-old man, who cannot be named for legal reasons, sat forward in his chair covering his eyes with one hand as the jury of eight women and four men delivered their not guilty verdict.

His hands shook as each of the five charges were dismissed.

At times he leant forward so far he was hidden from view.

After the court was adjourned, the man needed help leaving the dock.

He sat in a nearby chair and wept for a few minutes.

It took the jury about an hour and a half to return the not guilty verdict yesterday after a four-day trial in the Southport District Court.

The girl’s uncle had pleaded not guilty to rape and four counts of sexual assault.

Another charge of administer­ing a drug for the purpose of a sexual act was dropped before the conclusion of the trial.

The man declined to comment on his acquittal outside the courtroom.

It was alleged the uncle assaulted the girl when she fell asleep.

She was living in Canberra and was 17 at the time she visited him during the school holidays in 2009.

The court was told during the trial that she woke once before passing out and then woke a second time and he was still sexually assaulting her.

It was revealed during the trial that the girl made the complaint to Australian Federal Police in Canberra in 2009.

But the AFP did not forward the complaint to the Queensland Police Service until 2016.

Judge David Kent discharged the man of all charges.

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