(Family Division, Theis J, 1 June 2012)
A fact-finding hearing concluded that allegations of sexual abuse of a 5-year-old girl by her father were not proved to the required standard and plans were made to rehabilitate the girl and her 4-year-old brother to her parents.
Fresh evidence came to light following a medical examination where a transection of the girl's vagina was reported and also that the father had been convicted of a number of offences and failed to disclose them in the family proceedings.
The revised medical findings made sexual abuse more likely and the parents' lack of credibility could not be ring-fenced to issues regarding the father's convictions. The previous findings had to be re-evaluated. It was more than likely than not that the girl's injuries had been caused by sexual abuse by the father.