Sex­ual as­sault in toi­let block claim

Townsville Bulletin - - Inside Today - by Roanne John­son roanne. john­son@ townsville­bul­letin. com. au

A KIR­WAN toi­let block was the scene of an al­leged sex­ual as­sault in which a man was ac­cused of jump­ing into a cu­bi­cle to ask a younger man to par­take in a sex act.

The claims were made yes­ter­day at the Townsville District Court trial of a 66-year-old Kir­wan man, who has pleaded not guilty to two counts of sex­ual as­sault.

C r o w n p r o s e c u t o r , K e l l y Stone, told the jury they would hear from a 27-year-old man, who stopped at the pub­lic toi­lets on Bam­ford Lane, Mount View Park in Kir­wan on July 16, 2008 around 2.45pm.

The man, who gave his ev­i­dence in a closed court, stopped to use the fa­cil­i­ties where he was greeted by the de­fen­dant parked out­side i n a white Holden Rodeo util­ity.

Mr Kelly said the al­leged vic­tim en­tered the sec­ond cu­bi­cle when he heard foot­steps and saw work boots go into the dis­abled toi­let cu­bi­cle next door.

‘‘ While he was do­ing his busi­ness he heard a noise and looked up where he saw some­one ( peep­ing over) who said ‘ Would you like your c** k sucked?’,’’ Mr Kelly said.

‘‘ He replied, ‘ No I am not that sort of per­son’.’’

The pros­e­cu­tion’s case al­leges the ac­cused jumped over the brick wall be­tween the two toi­lets.

The charges re­late to the de­fen­dant then al­legedly pulling at the com­plainant’s pants and in do­ing so touched his gen­i­tals, then he al­legedly pushed the man’s head down gen­i­tals ex­posed shorts.

Mr Kelly said the younger man punched the ac­cused who left and went to his own car.

The com­plainant fol­lowed him and moved his car to block the de­fen­dant from driv­ing away be­fore fol­low­ing him to Bun­nings and call­ing 000.

How­ever, de­fence bar­ris­ter Greg Lyn­ham said his client was ac­cused of ‘‘ mainly al­most ‘ su­per­man-like’ ( be­hav­iour) to scale a two-me­tre high cu­bi­cle wall and jump into the ad­join­ing toi­let cu­bi­cle’’.

The de­fen­dant gave ev­i­dence that he fre­quented pub­lic toi­let blocks, us­ing them two to three times a week, in his job as a small busi­ness owner trav­el­ling be­tween job sites.

He said that day he ‘‘ needed to to his own out of his do a num­ber one re­ally quick... did what I had to do then came out’’.

How­ever the man said as he sat in his car and made work phone calls the com­plainant ‘‘ came out and started punch­ing the door of the ute and car­ry­ing on’’.

‘‘ I wound up the win­dow, I just ig­nored him... I thought he was a nut,’’ he said. ‘‘ I didn’t worry about call­ing the po­lice . . . I tried to avoid him or do any­thing more to an­tag­o­nise him.’’

H e s a i d u n d e r c r o s s - ex­am­i­na­tion that the act of jump­ing over the cu­bi­cle was im­pos­si­ble for him phys­i­cally due to his age, po­lio as a child, bad knees and a lung con­di­tion.

‘‘ I couldn’t do it if I wanted to . . . I have trou­ble walk­ing up stairs,’’ he said.

The trial con­tin­ues to­day.

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