Not guilty of sex as­sault Man un­able to jump wall

Townsville Bulletin - - In Brief - by Liam But­ter­worth liam. but­ter­worth@ townsville­bul­letin. com. au

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.

Dr Emery



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.

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