Judge Cathcart told the jury the trial was estimated to take two days as it had some “special features” about it, which would slow the process.
The jury would likely be asked to retire to the jury room several times to allow for legal discussions, which would hopefully reduce the delays.
The accused is conducting his trial himself. However, the court has appointed experienced local lawyer Leighvi Maynard as standby counsel to help him.
Much of the complainant’s evidence was heard by the jury as part of her videotaped police interview. She chose to be cross-examined in open court, foregoing her right to have screens between her and the accused or appear via AV-link.
The woman, who is now in her 40s, said the offending happened when she was growing up on the East Coast. Her uncle was often at her family’s house.
The first incident was before she had started school — possibly when she was about four. She and her uncle were playing in her bedroom when he inserted his finger into her vagina.
She was about six or seven when the next incident happened during a party at the house. The man allegedly went into her room where she was lying on her bed. He fondled her legs and made suggestive comments, continuing to do so until her father came into the room looking for him, the woman said.
She had hoped her sister, who was asleep in the room, would wake up, but she didn’t.
Soon after, there was another party at the house. This time she was in the kitchen when the man approached and whispered in her ear, asking if she wanted to cuddle and “do that thing again”?
She knew he wanted to touch her like he had done before, that it was wrong, and that she didn’t want to do it.
He said, “Come on, I’ll give you twenty bucks” then pulled out some money.
There were people sitting nearby at a table but they didn’t seem to hear above the noise of music and singing, the woman said.
She shook her head and said “no” but somehow, she ended up touching his penis through his clothes, the woman said.
She didn’t try to leave the room for fear of him following her.
She couldn’t tell anyone about the incidents — it was too difficult and she feared no one would believe her. Her uncle was highly regarded by some people in her family.
Her way of coping was to avoid the man whenever he visited.
When she was 13 or 14, he happened to call by at a relative’s house while she was there, lying on the lounge room floor. He sat down beside her and talked about tattooing, suggesting she should consider getting one. As he did, he traced tattoo-like patterns on her leg, working his way up to her bottom. She just froze, the woman said.
Her memories of the offending all those years ago were unwavering, she said. She kept them secret for many years and missed many family occasions in her efforts to avoid the man.
Over the years she told a few of the people that were closest to her, including an aunt at a recent family event to whom she felt the need to explain why she and her children wouldn’t stay overnight if the man was there.
Afterwards, she went to police.
Instructed by the accused to make an opening statement outlining defence issues, Mr Maynard urged jurors not to get carried away by the emotion of the allegations but to listen carefully to all the evidence, particularly taking note of any inconsistencies in the complainant’s evidence.
Mr Maynard was also tasked with cross-examining the complainant on the man’s behalf as defendants in sexual cases are not allowed to do so themselves.
