Bega Valley horse rider Neil Duncan found guilty of abusing fourth girl

CONTENT WARNING: This article refers to child abuse.

A Bega Valley horse rider already jailed for abusing three young girls has been found guilty of two more charges relating to a fourth girl.

At the end of a NSW District Court trial, a jury found Neil Duncan had sexually touched three girls when they were aged between 10 and 16 in the Bega Valley and the Snowy Mountains in 2019.

In late 2022, the then-67-year-old from Bega was sentenced to five years’ jail with two and a half years’ non-parole, meaning he was to be released in May 2025.

At the end of his jury trial, jurors had acquitted him of two alleged offences relating to a fourth girl. However, they were unable to reach unanimous verdicts on two counts of sexually touching a child between the ages of 10 and 16 that also related to this girl, so these counts were retried by a judge earlier this year.

The allegations in these two charges, to which he pleaded not guilty, were that he was on a horse-riding and camping trip with the girl in the Kosciuszko National Park in 2019 when he sexually touched her twice.

The girl claimed she and Duncan were in their swags at a campsite one night when he reached into her swag and touched her body.

“She explained that she was very scared and cornered when the accused was touching her in the swag and said that she felt like she was being treated like a toy and not a human being,” Judge Paul McGuire SC said.

“[She] also described that when the accused touched her she felt confronted and frightened and told the police she did not know what to do.”

The girl said Duncan had often told her, “What happens in the bush, stays in the bush”.

During the jury trial, he denied making this comment to the girl, denied touching her in her swag and denied having a sexual interest in young females.

The defence lawyers argued the girl’s evidence contained numerous inconsistencies and claimed it was contaminated due to her discussions with other complainants from the jury trial.

However, Judge McGuire said the girl was an honest and reliable witness.

“Despite some issues with her recollection of some details and despite some inconsistencies in her evidence, I am satisfied that her recollection was accurate in significant respects,” he said.

“She gave her evidence in a compelling fashion and with an understandable degree of emotion.”

The judge thought it was Duncan’s evidence that was “unsatisfactory and unconvincing”.

“His evidence that it was impossible for him to have touched [the girl] … because his arm was not two metres long was particularly unimpressive and impacted negatively on his credibility,” he said.

Judge McGuire also said Duncan’s assertion that he never told the girl, “What happens in the bush, stays in the bush” could not be accepted as he said it regularly and frequently, including to other children.

He said the evidence showed Duncan had a sexual interest in female children.

Earlier this month (September 2024), the judge found Duncan had sexually touched the fourth girl that night and said the two charges had been proved beyond reasonable doubt. Duncan was found guilty and convicted.

He will face a sentencing hearing on 22 November.

In June 2022, a jury found Duncan guilty of eight counts of intentionally sexually touching a child between the ages of 10 and 16 over the first three girls after a trial in the Queanbeyan District Court.

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on (02) 6247 2525, the Domestic Violence Crisis Service ACT on 6280 0900, Lifeline on 13 11 14, the Suicide Call Back Service on 1300 659 467 or Kids Helpline on 1800 551 800. In an emergency, call triple zero.