A FORMER Brisbane racehorse trainer jailed for 11 years and nine months for preying on a young girl's love of horses to coerce her for sex had shown no remorse and obviously still believed he was innocent, a judge said.

MARK OBERHARDT reports for the COURIER-MAIL that Judge Marshall Irwin was commenting on a letter he was given before the start of today's resumed hearing in which Barry David Winchester was to be sentenced for a total of 21 convictions against the girl.

In the letter, Winchester expressed "sorrow" for the victim being "abandoned at birth", but went on to ask the judge to be lenient so he could be reunited with his own children.

Winchester then went on to say that his wife and children knew he was innocent.

"The only thing I can take from his letter is that he has absolutely no remorse, and he is still proclaiming his innocence," Judge Irwin said.

Barrister John Fraser, for Winchester, said his client could not be sentenced for that: "He didn't plead guilty and he doesn't say sorry... that is what it comes to."

Judge Irwin agreed, but added Winchester could get no recognition for any remorse.

Winchester, 62, was accused of having sex with the girl, who can't be named, at his stables, his home and in his car over a 20-month period, but Judge Irwin found the period of offending covered only five months.

Racing Queensland has revoked Winchester's trainer's license, and he failed in an appeal to regain it.

A District Court jury in Brisbane in December found Winchester guilty of maintaining a sexual relationship with a child, six counts of rape, two counts of carnal knowledge, six counts of indecent dealing, three of attempted indecent dealing, two of procuring indecent dealing, two of common assault, and one of attempted rape.

Winchester was found not guilty on another eight charges including one of rape.

He had pleaded not guilty to all 29 charges.

The trial heard the girl was 12 when she went to watch him train horses.

He told her he would give her a horse if she performed a sexual act on him and from there the offending escalated.

The Crown alleged Winchester abused the girl by "feeding her interest in horses".

The girl was girl coerced into performing sexual acts with Winchester and with others while Winchester looked on.

In some cases it was alleged he had charged money.

The matter came to a head when the girl told police after one of Winchester's friends accused her of stealing horse equipment.

At today's hearing Judge Irwin sentenced Winchester to 11 years and nine months jail, after he reduced the sentence to reflect the three months Winchester had spent in jail on remand but could not be declared as time served on the sentence.

He must serve 80 per cent of the sentence before being eligible to apply for parole.

"You have shown no remorse at all. I consider you are a very real risk of reoffending," Judge Irwin told Winchester.

He said he accepted Winchester had low prospects of rehabilitation, and there was a need to protect children and also reflect deterrence.

Judge Irwin spent two hours giving his reasons for his sentence, because of the various issues raised during the hearing.


He noted that the Dangerous Prisoners (Sexual Offenders) Act now gave authorities the ability to monitor child sex offenders after they completed their sentences.

Judge Irwin said Winchester had used violence and threats to manipulate the girl and had sold her for sexual purposes.

He took into account Winchester's heart condition and the impact the jailing would have on Winchester's family.

 

STORY SOURCE: THE COURIER-MAIL - NEWS LIMITED.

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