A former Illawarra schoolteacher and professional rugby league player has been found not guilty of forcing a young girl to touch him sexually.
Keith William Eshman, who played one NRL game for Wests Tigers in 2016, faced trial in Wollongong District Court this week before Judge Imad Abdul-Karim and a jury.
The 38-year-old pleaded not guilty to one count of intentionally sexually touching a child under the age of 10.
Crown Prosecutor Nerissa Keay told the court the complainant, who cannot be identified, was a "bright young girl" who became "distressed" when she told her parents Mr Eshman "touches me".
The incident, according to the Crown, was in November 2022 but defence barrister Matthew Barnes argued it never happened.
The prosecutor's case relied on the jury accepting a recording of the girl's evidence, played in closed court.
Broken 'pinky promise'
Before Friday's deliberation, Judge Abdul-Karim delivered a summary of evidence and witnesses statements.
He told the jury the girl's parents had noticed their daughter touching herself and told her it was "nothing to be ashamed of" but to make a "pinky promise" to keep it private.
"I urge the jury not to focus on why [the complainant] was touching herself, but if the accused is guilty," Judge Abdul-Karim said.
The jury was also reminded that the complainant told her parents "sometimes [Mr Eshman] takes my hand and puts it on his private parts and rubs" after she was asked about publicly masturbating.
"The complainant was in trouble with her mother for breaking the 'pinky promise' the night before."
Judge Abdul-Karim did, however, echo the prosecution when describing the complainant's evidence, saying she spoke "quite matter of fact … and like a young girl who did not understand sexual matters".
Teacher kept diary of his concerns
Judge Abdul-Karim reminded the jury of parts of Mr Eshman's recorded evidence that included him saying he noticed the girl was increasingly "clingy" towards him, but he would only acknowledge and "redirect" her.
"Other teachers observed [the complainant] being touchy-feely with [Mr Eshman] and that he didn't like it," the judge said.
He also reminded the jury of web pages and searches found on Mr Eshman's digital devices, including queries about the age girls could orgasm and child behaviour after abuse.
"Mr Eshman kept a diary of his concerns about the girl's behaviour and spoke to colleagues," Judge Abdul-Karim told the court.
"The defence says he searched online to learn more about child sexual behaviours.
"The Crown says the only rational argument for these searches is that the accused had a sexual interest in children."
It took the jury less than three hours to acquit Mr Eshman after four days of evidence and witnesses.
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