Sixty-year-old Gary Waddell,who was also a member of the army,faced Moss Vale Local Court last week on one count of intentionally sexually touching a child and one count of possessing child abuse material.
The child abuse charge relates to 11 videos found by police on his devices.
Gary Waddell has been charged with intentionally sexually touching a child and possessing child abuse material.Rhett Wyman
Waddell,who is on bail and denies the charges,fidgeted as a video from the child’s police statement was played to the court.
Wearing her school uniform,the girl said she woke up to Waddell touching her.
“I turned around to look at him because I didn’t think it was real … then he took the blanket off my feet and I saw the camera flash,” she said.
Police say Waddell’s DNA was located on the outside of the girl’s underwear.
The child alleges Waddell then sat down on the bed and began rubbing her back,despite her asking him to leave. She said she left the room,locked herself in the bathroom,and sought help.
A text message sent the month before the alleged offence was tendered as evidence,with Waddell offering to take photos of the girl and saying she would make a good model.
The court also heard he suggested she start an OnlyFans account and sell pictures of her feet.
Defence lawyer Ken Averre said while there was no dispute the text message was sent,“What will be in dispute is what conclusion Your Honour would draw from that text message”.
Averre argued Waddell had never discussed the girl starting an OnlyFans and only referenced feet photos while joking that her school grades would have to improve. He also said the DNA may have been transferred separately.
Prosecutor Ben Edye argued the child abuse material and sexual touching charges should be heard together.
“Interest in female children as demonstrative as a sexual interest in respect of[the child abuse material charge] can be used in[the sexual touching charge],” he said.
Magistrate Hugh Donnelly acknowledged using evidence from one charge for another can be difficult,and will decide on Edye’s application at the next hearing date.
The court heard Waddell had no prior sexual offences or offences of dishonesty.
The hearing was adjourned until November 15 to allow the defence to review the child abuse material evidence.
Gary Waddell,pictured in 2009,was a member of the NSW Corrective Services Honour Guard.Supplied
According to a CV sighted by theHerald,Waddell was an Army Officer in Duntroon from the mid-1980s to the mid-1990s before joining Corrective Services NSW,where he worked for two decades across multiple facilities.
He was promoted to senior assistant superintendent and was the commander of the NSW Corrections ceremonial Honour Guard.
Corrective Services NSW and Defence wouldn’t confirm his employment or termination status.