Man denies touching
A MAREEBA man who a court heard was a trusted family friend from church has denied rubbing his erect penis against a 13-year-old girl’s foot or touching her genitals while they played together in a pool in 2014.
The 75-year-old pleaded not guilty to two counts of indecent treatment of a child at the start of his trial in the Cairns District Court on Tuesday.
Under cross-examination by Crown prosecutor Tegan Grasso on Wednesday, the man denied ever touching the girl’s genitals.
He also denied placing his erect penis on the girl’s foot, saying that at the time he had erectile dysfunction because of medication he was taking and that it would “almost be impossible to get an erection”.
The court earlier in the trial heard the man was alleged to have assaulted the teenager while her parents had left her in the care of the man and his wife while they attended appointments in the city. The court heard the complainant wrote her parents a letter when she turned 18 explaining what had happened to her when they left her in the care of the accused.
Defence barrister Kelly Goodwin during his closing remarks to the jury said the complainant had “undeniable issues” with her memory of the events and day in question, which raised questions about reliability.
Mr Goodwin said the alleged offending involved several steps, and that the man’s wife was also present and “she did not see anything”.
He also urged the jury to consider the mechanics of the situation. Ms Grasso in her closing address said the delay between the alleged incident and the complainant disclosing the abuse was not a matter that would cause them to have any doubt about the truthfulness of her version.
She told the jury the bones of the complainant’s broader version of events of the day were corroborated with the evidence of the accused, with only the allegations of touching being contested.
Ms Grasso also said it was the most likely scenario that the man’s wife was distracted by her magazine or something else while the alleged offending took place.
The trial before Judge Tracy Fantin continues.