The Queen v Augusto Tamayo-del Solar [No 2]

The Supreme Court of the ACT heard the case of The Queen v Augusto Tamayo-del Solar, where the accused was found guilty of committing an act of indecency upon a person under the age of 16 years. The complainant, IF, was an 11-year-old girl at the time of the incident. Augusto Tamayo-del Solar, the accused, was a member of the Freemasons Order and had met IF on several occasions before the incident. On 22 February 2009, Tamayo-del Solar drove IF to various locations, including a fast food restaurant, his office, and an adventure playground. During the drive, IF alleged that Tamayo-del Solar touched her leg, placing his fingers inside her shorts and underwear near her vagina.

The court heard from various witnesses, including IF, her father, a detective, and Tamayo-del Solar himself. The prosecution also presented email exchanges between Tamayo-del Solar and IF as evidence. The court examined the admissibility of the audiovisual recording of IF's interview with the police and determined it was admissible under the relevant statutory provisions.

The court scrutinized IF's evidence carefully due to her young age and the uncorroborated nature of the complaint. Despite some minor inconsistencies in her testimony, the court found her to be a reliable witness and accepted her evidence beyond reasonable doubt. The court found Tamayo-del Solar's evidence to be argumentative and difficult to accept, particularly his unconvincing explanations for his email exchanges with IF.

Based on the accepted evidence, the court concluded that Tamayo-del Solar committed an indecent act on IF, satisfying the elements of the offence. The court found him guilty of the charge and entered a verdict of guilty. The accused was found guilty of committing an act of indecency on IF, who was under the age of 16 years at the time of the incident.