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Brock not guilty of peeping

A 61-YEAR-OLDcleaneraccused of lifting himself upinto a roof cavityat John Hunter Hospital to look into public toilets and staff change rooms has beenfound not guilty in Newcastle Local Court.
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Terrence John Brock, of Lorn, faced a hearing in December last year into two allegations ofaggravated observing a person in a private act without their consent to obtain sexual arousal.

Hospital staff found towels, paper towels and a bottle of moisturiser near holes in the roof after a staff member reported seeing a man’s legs dangling from a hole in the tiles in September, 2014.

Policefound eight of Mr Brock’s fingerprints on a glass pipe inside the cavity as well as DNA that matched his profile.

Pubic hair was also found in the roof, but there was no evidence it belonged toMr Brock, the court heard.

Mr Brock maintained he had never been inside the roof cavity and his GP,Dr Denis Bergin,told the court in December his patient suffered from severe arthritis of both shoulders, which required shoulder surgery in 2011, andchronic lumbar osteoarthritis.

Defence solicitorNickBoyden told the court this made it “physically impossible” for his client to climb into the roof cavity and move around.

Magistrate Ian Cheetham found that the fingerprints and DNA proved Mr Brock had to havebeen in the ceiling cavity at some point.

But said hecouldn’t find, beyond reasonable doubt, that Mr Brock had observed someone engaged in a private act.“There is no evidence that anyone was observed the only inferences of observation are the holes in the ceiling,” Mr Cheetham said.

“Although there is a strong suspicion, I cannot connect the towels, the hand lotion and the ceiling holes to Mr Brock beyond a reasonable doubt.

“Suspicion, however strong, is not a substitution for proof.

“Even if the suspicion is apparent, proof to the high standard required has not been established and each allegation is to be dismissed.”

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