Menk loses bid to overturn conviction for molesting girl

A ROMA man has lost his bid to have a conviction overturned for indecently touching a teenage schoolgirl in an adjoining hotel room.

Ian Anthony Menk was convicted after trial of touching the girl's breasts and genitals while she was pretending to be asleep in her room in 2011.

The 15-year-old girl, who had only known Menk for a month, had testified he earlier massaged cream into her legs and feet and rubbed her sore belly.

She said she later woke to feel an intruder rubbing her belly in the same way before moving to other areas.

The girl, who already suspected it was Menk, said she was 100% sure it was him after hearing him say: "I so want to f*** you".

Menk's DNA was found on her breast.

Menk argued in the Queensland Court of Appeal that the verdict was unreasonable and that the trial judge did not give appropriate directions surrounding voice identification and DNA evidence.

Justices John Muir and Peter Applegarth, in a judgment handed down on Tuesday, dismissed the appeal, noting the girl recognised the man's voice immediately.

Justice Muir said it was unlikely some other sexual predator would have massaged the girl's stomach as a prelude to his more sexual and invasion actions.

He said the criticisms of the trial judge's directions to the jury were unjustified.

Justice Cate Holmes disagreed, arguing there should have been a re-trial ordered because a miscarriage of justice had occurred.

She said the trial judge did not adequately explain the significance of some evidence which might cast doubt on the identification.


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