Noosa Councillor Frank Pardon appeared in Maroochydore District Court for a pre-trial hearing on Monday 1 July after being charged with six counts of indecent treatment of a child under 16.
The alleged incidents took place in the mid-1990’s prior to Cr Pardon being elected to the Noosa Council in 1997.
Police said the 67-year-old has been charged with historical indecent treatment offences after an investigation by detectives from the Noosa Child Protection Investigation Unit.
Representing Cr Pardon in court was solicitor David Butler and barrister A. Hoare.
Barrister Hoare submitted an application to the court requesting to have certain evidence from the prosecution, regarding the subject matter of hypnotherapy affecting the memory, excluded from the trial.
“I’m not suggesting that the evidence makes the trial unlawful, I’m suggesting that it makes the trial unfair,” barrister Hoare told the court.
Judge Long responded stating, “You’re saying the evidence should be excluded under the lines of discretion that it is unfair to your client.”
“If the defence can adequately test that the memory of the complainant is true, then it would be up to the jury,” barrister Hoare said.
Two psychologists/hypnotherapists that had sessions with the complainant appeared in the court for questioning.
The first psychologist had a session with the complainant on 1 August 2014 and stated that she never undertook hypnotherapy with the complainant.
“The first session is about establishing a connection with the client and then we workout a treatment plan,” she said.
“The complainant did not come to me for hypnotherapy, it was for depression and weight loss issues.
“All that I can refer to in my notes is that the complainant made a reference to sexual abuse by Frank Pardon and that he apparently brought flowers to her school.
“The complainant stated that the event first occurred when she was 13 and that she told her mother when she was 28 but her mother didn’t believe her.
“The complainant did not wish to speak further about the sexual abuse and I did not push her to go into further detail.”
The second hypnotherapist called to the stand was Mr David Taylor, who had four consultations with the complainant.
“She came to me for binge-eating and weight loss in 2013. With that particular case I would’ve engaged in direct hypnosis to achieve the outcome that she was looking for,” Mr Taylor said.”Hypnosis is a natural state of mind where the subconscious mind becomes heightened. Any person can be hypnotised if they want to be.
“I can positively say that she never mentioned any such sexual abuse to myself. If somebody mentioned sexual abuse to me, I would refer them back to their GP or a psychologist.
“To the best of my recollection, the complainant responded well to my techniques, in terms of relaxation and progress from the first session.”
During the pre-trial, the defendant’s application to the court was withdrawn after receiving legal advice.
The matter was adjourned to the next call over, with the trial set to begin on the week commencing Monday 2 December 2019. The trial is expected to last seven days and to hear from multiple experts.
The defendant’s bail was enlarged.
