A CLAIM of mistaken identity has failed to convince the Court of Appeal that Kym Edwin Goodman was not the man who carried out a Rockhampton sexual assault.
Goodman was convicted of reaching through a woman's car window and grabbing her breasts.
The court heard he saw the woman in the Rockhampton IGA car park, where he said hello and repeatedly waved at her.
When she drove away, he followed in a white tray back truck to her home, where he parked her in. He drove away when the woman's male housemate came out of the house.
The woman left her house again soon after and saw the truck parked and the man standing in the middle of the road flagging her down.
She told the original court she thought he must have known her or an ex-partner and pulled over.
Goodman told her she had "nice tits", reached through the window and grabbed her breasts. The woman accelerated away and stopped at a nearby store where she used to work.
Goodman followed her in, but saw her with other people, including her former boss, and quickly left.
She reported the incident to the police and gave them what she thought were the truck's licence plates - which police found were similar to those of a truck Goodman's son owned.
But Goodman told the Brisbane Court of Appeal it was a case of mistaken identity, as his son's truck was enclosed rather than a tray back.
He claimed the jury had made an "unreasonable and unfounded verdict".
But Justice Anthe Philippedes said after viewing CCTV footage from the IGA car park, the jury had not acted unreasonably in ruling Goodman had been the driver.
"The video footage depicted a person that the jury were entitled to conclude was the appellant using what is said to be a Ford Trader," she said.
"(Goodman) submitted that his son's vehicle did not have the appearance of a tray truck, being a Pantechnicon van. But there was no evidence at trial suggesting that the van part of the vehicle could not be removed, nor any evidence that the son's truck was substantially different from the truck in the CCTV footage."
The appeal was dismissed. - ARM NEWSDESK
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