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Brian Allan Pottinger jailed for raping boy and molesting girl

A Victorian man who raped a four-year-old boy and molested his six-year-old sister has been jailed for more than 11 years.
Brian Allan Pottinger, 46, was looking after the children at a rural property in August 2006 when he took them behind a water trough, exposed his penis and performed vile acts on them, the Victorian County Court heard today.
Pottinger, who was convicted of manslaughter at aged 19, was found guilty at trial of a single charge of rape and 10 counts of committing an indecent act with or in the presence of a child under 16.
While awaiting trial Pottinger fled to Queensland, which caused delays and meant the children gave their evidence four years after the incident, the court heard.
Judge Wendy Wilmoth said the delays had been upsetting to the mother of the children.
She said Pottinger's offending was very serious.
"You exploited them in an appalling way," she said.
"The nature of these offences against very young children, which the community regards as abhorrent, calls for a substantial sentence."
Judge Wilmoth said Pottinger, who continues to maintain his innocence, also has prior convictions for dishonesty offences.
She jailed Pottinger for 11 years and two months and ordered he serve seven years and six months in prison before being eligible for parole.
He has already served 352 days in custody.
Pottinger will be a registered sex offender for life.

AAP (24-2-2011)

Mum unable to protect kids from abuse, court told

A worker on an agistment property who sexually abused two children, aged four and six, has been jailed for more than 11 years.
The victims, a brother and sister, were with their mother on the rural property where Brian Allan Pottinger was living.
The Victorian Country Court heard that Pottinger took the children with the permission of their mother to fill water troughs and exposed himself to them before abusing them both.
In sentencing, Judge Wendy Wilmoth said Pottinger told the children not to tell their mother about what he had done to them.
Judge Wilmoth said as the children returned home with their mother, the girl told her what had happened and they returned to the property to confront Pottinger, who denied the children’s accusations.
The mother went to police and Pottinger was charged in July 2007.
But he twice fled to Queensland before and after a committal hearing, which caused lengthy delays to the trial.
Pottinger was found guilty by a jury of 10 counts of committing an indecent act with or in the presence of a child under 16, and one charge of rape.
He was found not guilty for one charge of rape and one of committing an indecent act on a child.
‘‘Despite the jury’s verdict you maintained your innocence, so remorse does not exist,’’ Judge Wilmoth said.
She said the delays caused by Pottinger in having the trial commence meant the children and their mother were cross-examined four years after the crimes took place.
‘‘The mother was very upset by what she did as one would expect,’’ Judge Wilmoth said.
‘‘She had been unable to protect her vulnerable and very young children. You exploited them in the most appalling way.’’
Judge Wilmoth said Pottinger had a prior conviction for manslaughter in 1984 when his brother was also convicted for murder.
She said the circumstances surrounding Pottinger’s role in the crime, when he was 19, were unclear.
A psychiatrist reported that Pottinger was at high risk of re-offending because of his prior history, which also included dishonesty offences.
Pottinger will be a registered sex offender for life.
‘‘The nature of this offending against very young children, which the community regards was abhorrent, calls for a substantial sentence,’’ Judge Wilmoth said.
She jailed Pottinger for 11 years and 2 months, to serve a minimum of 7.5 years.
Pottinger has already served 352 days of his sentence.

www.theage.com.au (24-2-2011)
Adrian Lowe

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