A 62-year-old man has been found guilty of sexually assaulting his step-granddaughter five years ago.
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The man, who cannot be named, stood trial in the ACT Supreme Court on two charges of sexual intercourse without consent against the child, then aged five-years-old, in April 2009.
The Crown said the girl had told her mother that ‘‘poppy’’ had performed oral sex on her.
The mother told her she was brave, and that she was proud of her.
The allegations were reported to police, who eventually raided the man’s home, and interviewed him.
He completely denied the charges, and maintained his innocence at trial.
Police found his DNA on the girl’s underwear, although no trace of saliva.
The man’s barrister Shane Gill used his closing submission on Monday to tell the jury that they could not be satisfied beyond reasonable doubt of the step-grandfather’s guilt.
Mr Gill pointed to the physical impossibility of what she’d first described, before changing her story.
He also highlighted her concessions in cross-examination that what she had said happened was not true.
The barrister said it would be ‘‘inherently dangerous’’ to convict the man after that evidence.
Mr Gill said there were contamination issues with the DNA, saying her underwear had been left entwined with her tights, on the floor and in a brown paper bag, before police seized it and separated the clothing.
The jury deliberated for about five hours on Monday before returning guilty verdicts on both counts.
Crown prosecutor Shane Drumgold applied to have the man’s bail revoked, something not opposed by the defence.
Mr Drumgold said there were a number of aggravating features in the offence, the victim’s age, the fact she was in his care, and that the victim said her step-grandfather had made threats against her.
The man will be remanded in the Alexander Maconochie Centre until his sentencing proceedings begin next month.