Kuzma

Conviction of child molester upheld

A ROMA man who was found guilty of molesting a young girl in a hotel room has had his High Court bid to have his conviction overturned rejected.

Ian Anthony Menk was convicted in the Roma District Court 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 barrister Neville Weston argued in the High Court on Friday the trial judge erred in failing to direct the jury adequately on the issue of identification and the correct direction regarding DNA evidence.

"This conviction relied heavily on identification," he said.

"The event occurred in a darkened room and the child claims to have been able to identify my client by his voice.

"It is our submission that the trial judge erred in his direction to jurors surrounding identification under the law.

"The child also expressed some uncertainty in relation to identity when giving evidence at the trial."

However, the High Court disagreed and took less than a minute to dismiss the appeal.



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