An Illawarra man has been refused bail over allegations he sexually molested his three-year-old son in bed while his partner was downstairs watching television.
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Police documents tendered to Wollongong Local Court on Friday said the man, who cannot be named for legal reasons, got into a minor argument with his girlfriend on the evening of May 15 after returning home from drinking with friends at the pub.
The woman told police she put their son down for a sleep in their bed just after 9pm, then smoked some synthetic cannabis with her partner until he climbed into bed with the child, claiming he was feeling unwell.
The woman said she went downstairs to watch television, however heard a strange noise coming from the bedroom a short time later and walked back up to the room to investigate.
She allegedly told police she saw her partner lying naked next to their son, positioned half way down the bed with his head very close to child’s exposed genitals.
The woman immediately confronted her partner, grabbed the boy from the bed and took him downstairs. Her partner followed, attempting to discuss what she’d seen however the woman pulled a knife on him and told him to stay away.
She then packed a bag, left the house with the child and contacted police, who advised her to take the boy to Wollongong Hospital for a sexual assault examination.
Meantime, officers interviewed the man two days later. He denied assaulting the child, claiming the boy had woken up kicking and his partner had walked in as he was trying to move him around the bed.
The man was released without charge, however re-arrested on Wednesday morning after detectives received the results of the sexual assault examination carried out of the child.
It will be alleged the examination revealed the presence of DNA through saliva on the child’s penis, mons pubis, underpants and front crotch area.
Police will allege the DNA is a match for the boy’s father.
In court on Friday, defence lawyer Robert Steward sought his client’s release on bail, saying he ran a small business and his ongoing incarceration would have “dire consequences” on his employees.
He said the man had had no contact with his son for more than five months under the terms of the provisional domestic violence order and could live with a friend if released.
He also questioned the strength of the prosecution case, saying he could think of “at least two or three plausible alternative scenarios” for how his client’s saliva could have ended up on the boy’s body.
However, Magistrate Peter Thomson refused to release the man from custody on account of the seriousness of the allegations.
“On my assessment of the evidence before the court it would appear it’s a strong case and the allegations objectively are very serious,” he said.
“In the circumstances I can’t be satisfied that cause has been shown as to why his ongoing detention isn’t justified.”
The matter will return to court on December 19.
