Lawyers for a Southern Highlands man appealing his conviction for sexually grooming a 10-year-old girl, claim inconsistencies in what the child told friends, her parents, police and the court about his alleged conduct should be enough to have the convictions overturned.
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Police claim Gary Frank Hastie showed the girl pornographic videos on his mobile phone, including one involving the simulated rape of a child, as well as slideshows of naked women on his computer some time in 2010.
While watching one video with her, Hastie allegedly exposed his penis and began rubbing it with oil, the court heard.
Hastie pleaded not guilty to charges of committing an act of indecency with a child and grooming a child for unlawful sexual activity. However, he was found guilty earlier this year and jailed for a minimum of 15 months.
He immediately launched an all-grounds appeal, which was heard in the NSW District Court in Sutherland on Tuesday.
Defence barrister Neville Parsons submitted the girl's "distinct lack of memory" when giving evidence in court on what constituted a large substance of the allegations should lead Judge Paul Conlon to find there was "reasonable doubt" over whether or not her claims were true.
"Her credibility is greatly shaken in my submission," Mr Parsons said, referring to her lack of memory over whether Hastie had physically touched her during the course of the inappropriate conduct.
Judge Conlon reserved his decision until next month.
