“The medical evidence, in my opinion, does not help to ascertain if the alleged sexual touching or any form of child sexual abuse to the genito-anal area has taken place. Despite the good quality of the recording, I cannot identify in the DVD of the genital examination two of the three lacerations described by Dr B. The third laceration is in my opinion likely to be the result if the examination technique, possibly facilitated by the previously noted nappy rash.”
“Despite the lack of medical evidence, the fact remains that B disclosed on the 28/08/18 to her mother and subsequently in the presence of an intermediary and police officer during a preinterview assessment (10/9/18) when talking to teddy, that “daddy hurts her bumby,... he puts his fingers down her bumby, ... She indicated on a picture that she calls the genital area noony and the anal area bumby, and specified when it happened: “Grandma is in the toilet when daddy puts his fingers in my bumby.”
“...in the noony, in the little hole, ... lots of times.”
“The mother has reviewed how she sees the evidence and has been taken through the evidence with her counsel. The mother accepts that the evidential canvass as it exists now, is different to the canvass that existed in June 2019. The mother respectfully stresses that her position has always been to ensure that a fair and safe determination is made as to B’s allegations. Whilst the mother has never disbelieved her daughter, the mother is now able to see that the evidence in this case when assessed holistically, is not likely to meet the standard of proof required for findings to be made. In those circumstances the mother no longer seeks to pursue these findings.”