An ACT Supreme Court jury in July cleared Vytas Kapociunas, 71, of three counts of sexual intercourse with a child outside of Australia.

But jurors could not reach a decision on lesser backup charges.

The outcome meant Commonwealth prosecutors were forced to decide whether to pursue a retrial on the charges of committing acts of indecency.

A Supreme Court callover on Thursday heard prosecutors had opted to push ahead with a second hearing.

The prosecution is expected file a new indictment later this year.

Kapociunas allegedly molested the child three times in a bedroom, including kissing her on her mouth and on her genitals.

The child alleged she had also been touched inappropriately while Kapociunas gave her piggybacks, although he wasn't charged with those acts.

But Kapociunas vehemently denied the allegations, saying he had only ever blown a raspberry on the girl's stomach while the pair were alone in a room together, something he did as he tickled her.

During the trial, Crown prosecutor, Carolyn Davenport, SC, argued the girl's evidence had been consistent since the allegations first came to light.

Kapociunas, she alleged, had lied about the way he piggybacked the girl, giving differing versions to police and the court because he knew his original evidence looked bad.

But defence barrister, Bernard Collaery, described the girl as 'imaginative' and questioned why his client, who had a clean record, would have suddenly decided to abuse a girl at the age of 71, particularly while others were in the home at the same time.

The matter will return to court for directions later this month.