You are using an older browser version. Please use a supported version for the best MSN experience.

Mother's outburst prompts Qld retrial

AAP logoAAP 13/09/2016

A Queensland father convicted of sexually abusing his young daughter has successfully appealed because the child's mother had an "outburst" during the trial.

The man was found guilty in May of indecently treating his daughter when she was aged three or four.

The trial had heard the girl allegedly told her mother in August 2014 that her father made her "play with his doodle".

The mother told the court her former partner had pleaded with her not to go to the police when she confronted him and she thought that type of behaviour implied guilt.

She also said her ex-partner was very aggressive and she relocated because he made her fear for her life.

The Court of Appeal allowed the man's conviction to be set aside and ordered a retrial after it found the jury should have been told to disregard the mother's "outburst".

Justice Margaret McMurdo said without such an instruction from the trial judge, there was a real possibility the jury may have used the mother's "uninvited and damning" claim to find the young child's evidence more reliable.

image beaconimage beaconimage beacon