Baby DNA confirms assault

AN Albury man, 62, has been remanded in custody for sentencing after pleading guilty to having sexual intercourse with a girl, 13, who later gave birth to his son.

The circumstances were outlined in facts tendered in the District Court at Albury to Judge Martin Blackmore yesterday.

They revealed the man was implicated by DNA testing done by a biologist at the Division of Analytical Laboratories at Lidcombe.

The testing showed it was approximately 77 million times more likely that the child had the man’s paternal DNA rather than an unknown, unrelated male in the general population.

He pleaded guilty to two charges after a bench warrant was issued for his arrest on Monday when he failed to attend court while on bail.

The man, who cannot be named, pleaded not guilty to a charge of sexual intercourse without consent.

But guilty pleas were entered to charges of sexual intercourse with a child under his authority and indecent assault.

The man was in a relationship with the girl’s mother in the period of March and April, 2011, which was about a month before the victim’s 14th birthday.

They were at his Albury home when the mother went to get groceries from a supermarket and the girl stayed at his house because she was feeling unwell.

She was touched on the breast on the outside of her clothing by the man before he had intercourse with her.

The victim gave birth to a son at Wodonga in late 2011.

She told police when interviewed on June 30, 2011, that was the only occasion the man had engaged in sexual misconduct towards her.

He appeared in court yesterday in a wheelchair accompanied by two Corrective Services officers.

Barrister Christine Mendes sought an adjournment to the District Court sittings in February for sentencing so a medical report could be obtained.

She made an application for bail, but Judge Blackmore said the man had shown a reluctance to attend court.

“The real issue is why I would give him bail now,” Judge Blackmore said when convicting him on the two charges.

Ms Mendes conceded the only appropriate penalty was a jail sentence.

Judge Blackmore said bail was refused for two reasons with the first being the man’s reluctance to attend court which required a warrant.

The other reason was a jail sentence would be imposed and his period in custody would start from yesterday.

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