Not guilty of sex assault Man unable to jump wall
A JURY has taken just a couple of hours to find a Kirwan man not guilty of a sexual assault in a public toilet block in July 2008.
After two days of evidence and summing up, the 66-year old man was found not guilty of two charges at the Mount View Park on Bamford Lane in Kirwan.
The court yesterday heard evidence from Townsville ort h o p a e d i c s u r g e o n D r Richard Emery who backed the man’s claims he was p h y s i c a l l y i n c a p a b l e o f climbing over the 177cmhigh toilet wall the Crown alleged he scaled in order to commit the two sexual assault offences with which he was charged.
per- formed a physical examination of the man who had difficulty doing even the simplest of activities.
He said the man would have a coughing fit when asked to squat or kneel and he was unable to sit on the ground.
Dr Emery said his examination had also shown the man had a degenerative form of arthritis in both knees which prevented him from fully extending them.
Under cross-examination from crown prosecutor Kelly Stone, Dr Emery said the Kirwan man was very consistent if he had been faking his physical abilities or the coughing fits.
Mr Stone asked if it would be possible for the man to climb over the wall with the aid of the toilet and a rail on the wall ( 139cm above the ground) but Dr Emery said it wouldn’t for someone so physically impaired.
Townsville City Councillor Br i a n Hewet t , who h a s known the man for about 30 years, provided one of three character references for him.
Cr Hewett said the man had a l ways s hown i nt e g r i t y , honesty and trustworthiness in his involvement in a local service club and had always found him a hard-working family man.
In summing up, Mr Stone asked the jury to consider that there was mud on both sides of the wall as well as on the man’s shoes.
But defence barrister Greg Lynham said the mud could have been there for some time and asked the jury to consider the inconsistencies in the 27-year-old complainant’s story.
He said there were differences in the complainant’s version at the committal and trial stages and he also asked the jury to consider the lack of physical injuries.