Sexual assault in toilet block claim
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.