A MAN who was jailed for indecently touching his 12-year-old daughter has had an appeal to overturn his conviction quashed after claiming the jury's verdict was "unreasonable".
In October 2016, the man was sentenced to a term of 10 months' imprisonment, suspended after five, for an operational period of 15 months in Maroochydore District Court.
The incident was believed to have taken place within a period of about three and half months in 2014, but the exact date is unknown.
During a police interview, which was played during the trial, the complainant said her father "rubbed my knickers, not the actual part", but stopped when she went to the bathroom as she felt sick and nearly vomited.
He was sharing a bed with his daughter under the pretence he was too tired to make his own.
The girl also said she left the bed to go to the toilet several times that night and each time she returned her father would "wait for a little bit of seconds and then keep doing it".
Throughout the two police interviews and her video evidence, there were discrepancies in the number of times her father touched her and whether or not he pulled her pants down before abusing her.
The appeal, which the man undertook without legal representation, found the "imperfections" in the girl's evidence were "not sufficient to displace the jury's verdict".
The man also claimed when the trial judge summarised the prosecution and defence arguments to the jury he "showed bias to the defence case", but this was also rejected on appeal.
He did not give evidence at the trial as he said he was in an emotional state that would have made taking the stand difficult, but blamed this on his defence counsel for not helping him "be able to stand up in the court and give my story".
Despite believing this also prejudiced the ruling, the appeal found it was not "inevitable be would be convicted if he did not give evidence" and it wasn't apparent the decision to testify would "advance his case".
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