Man cleared of sex assault on girl aged 10

A Blenheim District Court jury has found a 37-year-old Blenheim man not guilty of indecent assault on a child under 12.

Andrew Mark Hague was accused of indecently assaulting a then 10-year-old girl by putting his hand down her underwear during a sleepover she had at his house in March 2008.

Eleven members of the jury of five women and seven men reached the verdict in just under five hours after a five-day trial.

A jury can settle on a majority verdict of 11 to 1 if, after a minimum of four hours' deliberation, it is not likely a unanimous verdict can be reached.

The Crown alleged that when a friend of Hague's daughter slept over at his house, Hague put his hand down the girl's boxer shorts and into her underwear.

The Crown also alleged the girl, who had been unable to sleep that night, turned on to her side, prompting Hague to remove his hand. Feeling unsafe and uncomfortable, she then told him she had a "sore tummy" and wanted to go home.

She called her mother, who picked her up from the house about 1am.

Crown prosecutor Mike Turner said Hague had faced a similar charge several years ago but was acquitted.

He said Hague had sent text messages of a sexual nature to another girl, then aged 13, in 2008.

The prosecutor said the sexual text messages Hague sent to the 13-year-old girl were "overwhelming" evidence of Hague's "desire to have sexual relations with young girls".

Defence lawyer Rob Harrison said in his closing statement the Crown's evidence about Hague's character was prejudicial.

He said the only event the jury needed to consider was what happened when the girl was in the car with her mother on their way home, which was "fundamental" to the case.

Mr Harrison said Hague was watching television and reached for a blanket on the fold-out couch his daughter and the girl had been sleeping on in the lounge. The girl was scared and told Hague she felt sick. On the way home, she told her mother Hague had stolen a blanket from the bed.

He said this was contrary to the girl being "adamant" when she gave evidence earlier that she had told her mother Hague had touched her.

The Marlborough Express

Last updated 13:00 28/06/2010