Google searches found within an Illawarra teacher's internet history about whether a young girl can orgasm reflect his "sexual interest in children", a prosecutor has told a jury.
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Lawyers made their closing addresses in Keith William Eshman's trial at Wollongong District Court on Monday, July 1, where he fought allegations he repeatedly sexually abused a student.
The teacher and one-time Wests Tigers player has pleaded not guilty to two counts of sexually touching a child under 10 and three counts of sexual intercourse with a child under 10.
Police found the Google searches on Eshman's iPhone and MacBook when they seized the devices after a student disclosed allegations he sexually touched her.
Eshman, 37, told the jury he made the searches to educate himself on child behaviours after becoming concerned about the student, but Crown prosecutor Nerissa Keay said this explanation "makes no sense".
"What he was searching on his phone was a curiosity about the very things he was doing," Ms Keay said.
"The only reasonable inference that you would draw from the data on his phone is that he had a sexual interest in children under 10."
Defence barrister Brendan Green argued Eshman's searches were "completely plausible" after becoming concerned about the complainant touching herself in the classroom, which he reported to a senior colleague and the complainant's mother.
"Why would he draw the attention of the [senior colleague] or the complainant's mother to the concerning aspects of [the complainant's] behaviour?," Mr Green said.
Mr Green said Eshman was adamant and steadfast in his denial of the allegations, adding there was no evidence from teachers that the complainant had gone missing from her library lesson for an extended period of time.
However, Ms Keay labelled Eshman as an unimpressive witness who evaded answering questions under cross-examination.
Complainant's evidence
Eshman is accused of touching the complainant's vagina several times over and under her underwear while in the "secret corner" of a classroom.
He was arrested the day after the complainant disclosed the alleged abuse to her parents.
The girl made further disclosures to her parents about the extent of the alleged abuse in which she claimed Eshman inserted his fingers into her vagina and "licked" her private parts.
Ms Keay said the girl gave consistent evidence across her testimony in court and three interviews with police.
"The way she answered questions at all times was appropriate and serious," Ms Keay said.
"Nothing about her presentation would make you think she was lying or making it up."
However, Mr Green told the jury there were causes for concern when assessing the complainant's reliability, including in a police interview in which she did not want to elaborate on a "secret" which she said was "family talk".
"Clearly, that child was not willing to discuss something the police had asked her about," he said.
"In those circumstances, there must be a question mark over the reliability of the witness."
The jury has retired to consider its verdict.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
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Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
