Court finds no miscarriage of justice in child sex case
A GYMPIE man convicted of raping and indecently dealing with a seven-year-old girl has lost his High Court challenge.
The girl, who now lives at Gracemere near Rockhampton, accused the man, aged 28 to 31, of the indecent acts while they were living at Gilldora, between Gympie and the Sunshine Coast, but there was also other alleged conduct at Beaudesert and Tasmania.
The man, who had married the girl's mother, tried to argue he had an alibi for at least two of the offences because he was helping family move in Bundaberg, where he grew up and was schooled, during January 2004.
The trial was heard in the Rockhampton District Court because the child had moved to Gracemere.
The Rockhampton jury found the man guilty of only one of the two charges the girl had accused him of during that period, as well as other offences.
The man, 37 at sentence, was ordered to serve four years jail with parole eligibility this October.
The Queensland Court of Appeal did not uphold his appeal, nor did the High Court grant special leave to appeal when the case was heard on Friday via video-link between Canberra and Brisbane.
Barrister Peter Callaghan argued the verdicts could not be justified because there was no rational explanation for acquitting his client on one count that was inextricably linked to one they determined guilt.
When questioned whether the jury could have acquitted the man on one count because they felt the other charge was enough to reflect the criminality, Mr Callaghan said the jury could not have followed their oath to consider each count separately and apply common sense.
"It's an affront to logic," he said.
But the High Court found there was no miscarriage of justice.