FORMER radio identity Nick O'Callaghan was found guilty, on Friday, of indecently assaulting a child.
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The 53-year-old former Southern Cross Austereo news director faced six charges of possessing child abuse material and one count of aggravated indecent assault of a child and one count of indecent assault of a person under the age of 16 years.
Nicholas Francis O'Callaghan pleaded guilty to one count of possessing child abuse material.
While the case has come to Port Macquarie Local Court for mention several times since Mr O’Callaghan’s arrest more than 12 months ago, Friday was the first time he had appeared in court.
During the final stages of the hearing, Magistrate Brian van Zuylen amended the charges to remove the term ‘aggravated’ as the term implies the child was under Mr O’Callaghan’s authority.
“The court has not been convinced beyond reasonable doubt that the child was under the authority of Mr O’Callaghan,” Magistrate van Zuylen said.
In his summation, Magistrate van Zuylen said Mr O’Callaghan had called on the court to consider his good character and denial of the charges of indecent assault in his evidence.
The charges stemmed from an incident at Mr O’Callaghan’s house in June 2013. A child visiting his house, left and reported to her mother that Mr O’Callaghan had touched her indecently, causing her distress.
“Mr O’Callaghan’s evidence that nothing happened can’t be accepted,” Magistrate van Zuylen said.
“The court has looked carefully at the child’s evidence and found her descriptions powerful.
“She is a convincing and believable witness throughout evidence, interviews and cross examination.
“The court does not accept Mr O’Callaghan’s good character and his denials.
“The court is satisfied beyond reasonable doubt and finds Mr O’Callaghan guilty of indecent assault.”
The victim’s family was in the court to hear the verdict.
Mr O’Callaghan was alone in the courtroom and, as the verdict was handed down, remained as he had during the final stages of the hearing; staring forward.
The defence had entered a guilty plea, on March 20 2014, on the charge of possessing child abuse material on a computer.
The ensuing charges of indecent assault and possession of child abuse material were considered in the guilty verdict and removed.
Magistrate van Zuylen said reports will be prepared ahead of the sentencing hearing set down for October 13 this year.
Mr O’Callaghan remains on conditional bail and strict parole orders until that time.