Gympie child sex offender loses appeal

A GYMPIE man who touched and kissed a four-year-old girl's genitals has lost an appeal against his conviction.

The man, who cannot be named, lived with a woman and her three children on a rural property in the Gympie region.

One of the children, who the Court of Appeal called "B", spent a few hours each week with the man. The court heard he would help her with going to the toilet, entertain her and take her for rides on his tractor and motorbike.

The man pleaded not guilty at Gympie District Court and maintained he only touched the girl's genitals when helping her use the toilet.

During the trial, B said the man had touched her genitals "a million times" when he took her on the motorbike and tractor. He was found guilty and was jailed.

At the Court of Appeal the man said the jury was "unreasonable" in using B's evidence at court to find him guilty. He said she had given unclear answers, with little detail and there was no other evidence to back it up.

But Queensland Chief Justice Catherine Holmes said she watched B's recorded evidence and found her a "a lively, bright little girl". Ms Holmes dismissed the man's claim, finding accepting B's evidence was open to the jury.

The man also claimed the trial judge had kept video of "the best evidence" from the jury that proved B unreliable. The video evidence in question showed B did not know the names of the days of the week; and times B said she did not understand what she was being asked.

But Ms Holmes said that evidence was simply not admissible.

"It was not the 'best' evidence; it was not admissible evidence at all. The trial judge was correct in ruling that there was no basis on which to put the recording before the jury," she said.

The appeal was dismissed.

- NewsRegional