Sodomy verdict appeal alleges evidence discrepancies
A MAN who sodomised his Sunshine Coast girlfriend's son is vying to appeal his conviction arguing the victim had discrepancies throughout his evidence.
The man, who cannot be named to prevent identifying the victim, was sentenced to seven years in jail after a jury found him guilty of sodomy and indecent treatment of a child in his care.
The 42-year-old was acquitted of other related charges.
The crimes occurred between May 2010 and March 2011 on the Sunshine Coast and in Grandchester.
The man lived with the 12-year-old victim after forming a relationship with the victim's mother.
In the Court of Appeal last Friday, the defence pinpointed discrepancies in evidence.
This included the victim's mother being asked to recall a detail of her son's testimony.
The defence also pointed to what they claimed were discrepancies in the victim's statements concerning physical positions he was allegedly told to adopt.
The defence argued differing versions contributed to the uncertainty and made the prosecution case no more reliable than it was in the other charges on which the jury acquitted the man.
The court heard the varying version should have raised reasonable doubt in a reasonable jury.
Crown prosecutor Ben Power said the distraught boy was rushed to the police station and made to talk to a stranger about things he felt shameful and distressed about.
"This is not a case where the child could have been mistaken about events," Mr Power said.
"It was either a deliberate lie ... or he was telling the truth ... or through the passage of time he was mistaken about some respects."
Mr Power said the acquittals on some charges at trial could be explained by the jury not being satisfied of every link in the chain of sexual offending. The Court of Appeal reserved its decision.