A man accused of sexually assaulting his foster daughter has been refused bail.
A man accused of sexually assaulting his foster daughter has been refused bail. Cathy Adams

DNA collected from 'sex toy' in foster child abuse case

A CASINO man facing a series of charges over the alleged grooming and assault of his 11-year-old foster daughter has been refused bail.

The 40-year-old, who cannot be named, appeared via video link from Grafton Correctional Centre on Tuesday.

Defence barrister April Francis applied for her client to be released on bail, which Crown prosecutor Joshua Hanna opposed.

Ms Francis tendered a Crown case statement showing "there was no injuries" to the complainant.

The man, who was arrested on February 8, waived his right to a committal hearing before a full police brief could be served.

He has been charged with 11 offences relating to alleged incidents between July 2015 and November 2016.

They include two counts of aggravated sexual intercourse, aggravated indecency, five counts of indecent assault of a person under 16 years of age, and three counts of grooming a child under 14 for sexual activity.

Mr Hanna said DNA, from two unidentified people, had been collected from a sex toy found in the man's home.

While the prosecution was still awaiting an electronic evidence report - due in early June - Mr Hanna argued the Crown case was "moderately strong" and was corroborated by sex toys and text messages between the man and his foster daughter.

"In my submission, the accused is an unacceptable risk for committing further offences or interfering with witnesses," Mr Hanna said.

Ms Francis argued much of the case against her client was contestable.

She said the week before the alleged victim first complained about "sexual impropriety" she reported feeling "safe in the care" of the accused.

She said there was "powerful evidence" the girl had shown "demonstrable hostility" toward the accused.

The court heard the man texted her, saying "I'm not sure where this is coming from, kiddo" and she responded: "shut the fuck up you lying arse and stop calling me kiddo... you're a f***ing lying c***".

"There is a very triable issue in this case and the ... motive of the complainant and reliability of the complainant," Ms Francis said.

She described her client as a "person of good character".

"He is, personally, an excellent candidate for bail," she said.

Judge J North noted the man has a bail application before the Supreme Court next month before remanding him in custody, citing an "unacceptable risk... he may attempt to interfere with witnesses".

"I'm left anxious, because of the tenor of some of the text messages," he said.

Police have yet to formally indict the man.

The matter was adjourned to June 13 before Lismore District Court.



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