A Coast pensioner has been refused bail after being charged with drug trafficking.
A Coast pensioner has been refused bail after being charged with drug trafficking. Rockhampton Morning Bulletin

Father who was caught in daughter’s bed fights conviction

A FATHER who was convicted of molesting his daughter at their home in Mackay is fighting his case in Queensland's highest court.

The man, who cannot be named to protect his daughter's identity, was convicted of one count of indecently dealing with his daughter, which stemmed from an incident in 2003 when he was caught in the girl's bed.

At the Queensland Court of Appeal on Wednesday, the man's barrister Michael Copley argued that the guilty verdict for this offence was unreasonable and was inconsistent with two other counts the jury had found him not guilty of.

The man was convicted for indecently dealing with his daughter after the jury heard evidence about how he was in bed with the girl when the mother walked into the room and turned on the light.

The girl's underpants had been pulled down.

Mr Copley said the victim gave evidence saying she did not know what was happening at the time and that she could have found out what happened from her mother.

He said it was a possibility that at one point, between the girl being aged 12 years old and when she went to the police as a 23-year-old, that her mother had told her about how she had discovered him in the bed with her and that her evidence was based on this rather than her actual memory.

Mr Copley also said it was possible for a father to get into a child's bed for purposes other than sexual purposes.

He said the jury might have been entitled to be suspicious, but that they couldn't be satisfied that he had sexually interfered with her.

Barrister Sarah Farnden, who represented the Crown, said the woman recalled the event clearly in her evidence and was backed by evidence from her mother and sister who also witnessed the father in the bed.

"There was clear as well as sufficient evidence on this count for the jury to convict, even before considering the evidence of the mother and the sister," Ms Farnden said.

She also said the man had no explanation for how he had been discovered in the bed with his daughter's underpants being down.

The court has reserved its decision. - ARM NEWSDESK



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