A FORMER Hervey Bay man who was jailed earlier this year for molesting and raping his stepdaughter has taken his fight to the state's highest court.
The man, 42, who cannot be identified, was jailed for seven years in April after being found guilty of abusing the girl at various locations in Queensland and New South Wales.
The girl told Brisbane District Court during the man's trial that he continued molesting her around the Caboolture and Deception Bay area when he had access to her after he separated from her mother.
Defence barrister Elizabeth Wilson told the Queensland Court of Appeal on Tuesday the trial should have been aborted after one of the jurors was discharged.
She said the juror had divulged information about the case, which she had overheard while on a train, to another juror who was not discharged.
"The juror heard the man and his partner talking about the trial while on a train," she said.
"During the conversation the man said 'hopefully the truth will come out when I give evidence and they (the jury) realise the little bitch is lying and she will get what is coming to her,'" she said,
"What the juror conveyed to the other juror seriously diminished the man's creditability and case."
Ms Wilson said the trial judge was correct in discharging the juror, but should have discharged juror number seven as well, if not the all of them.
She said the second part of the appeal was based on the fact the trial should not have proceeded with only 11 jurors.
Crown Prosecutor Vicki Loury said the trial judge was correct in not discharging juror number seven as she had not witnessed or heard the actual conversation.
She said the judge was correct in the directions he gave to the jury about only basing their decision on evidence they had heard in the court.
The court reserved its decision.
- APN NEWSDESK.
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