Court documents reveal how an encounter with a 12-year-old boy near a canal walkway led to a police investigation and an assault conviction eight months later.
A Ballina man originally charged with sexually touching a 12-year-old boy near the North Creek canal walkway has been convicted of common assault after the original charge was withdrawn and dismissed.
Madan Mohan Singh, 69, appeared before Judge K Crittenden at Ballina Local Court on Wednesday, assisted by a Hindi-language interpreter, following an incident near Ferngrove Park in February.
The case began after the boy became frightened during an encounter while walking his dog, prompting his family to contact police.
Encounter near canal walkway
Court documents seen by The Coast Report reveal the boy was skateboarding and walking his dog in the River Oaks Estate area about 5.30pm on February 11 when he encountered Singh.
The child initially greeted Singh before continuing along the pathway, where he briefly let his dog off its lead.
After the boy reattached the lead, Singh took hold of it and asked him to walk ahead towards Ferngrove Park, questioning him about his name and where he lived.
The boy retrieved the lead but became frightened when Singh moved towards him, believing he was about to be grabbed.
He sought help from two friends at the nearby reserve, where the documents describe a further brief interaction involving Singh and the three boys.
The child also warned two other young people nearby before returning home with a neighbour who noticed he was visibly upset.
His mother subsequently contacted police.
Detectives investigate complaint
Ballina detectives investigated the incident and charged Singh on February 24 with intentionally sexually touching a child aged between 10 and 16.
He pleaded not guilty during a court appearance on March 19 and remained on conditional bail.
When the matter returned to court on Wednesday, the prosecution withdrew the original sexual touching charge, which was dismissed.
A common assault charge arising from the February 11 incident was listed before the court for the first time that day and finalised after Singh entered a guilty plea.
The conviction related solely to common assault, with no finding of guilt recorded on the withdrawn sexual touching allegation.
Sentencing outcome
Judge K Crittenden accepted the guilty plea, recorded a conviction and imposed an 18-month conditional release order commencing October 28.
Under the sentence, Singh must not commit another offence during that period and is required to appear before the court if called upon.
The court also made a six-year apprehended personal violence order protecting a person whose identity is withheld.
The order prohibits Singh from assaulting, threatening, stalking, harassing or intimidating the protected person, or approaching or contacting them except through a lawyer.
He is also prohibited from attending specified locations associated with the person’s education, while further conditions restrict certain conduct towards people with whom the protected person has a domestic relationship.
The protection order remains in force until October 27, 2032.