A childcare worker accused of raping a child and indecently treating two others in his care has pleaded not guilty on the first day of his district court trial in Brisbane.
The court heard from the mother of one of the children, who alleges to have seen Joshua James Capps put his tongue on a three-year-old child’s tongue during day-care pick up.
The childcare worker, Joshua James Capps, is charged with three counts of indecent treatment of a child in his care, and one count of rape.
At the outset of his four-day trial, the jury were shown a video of CCTV footage from the outdoor play area of a south-east Queensland childcare centre in October 2023.
The court heard a mother saw Mr Capps crouching in front of a child and “touching tongues”. (ABC News: Neryssa Azlan)
The footage showed Mr Capps crouching down in front of children, before saying “why does my elbow keep breaking? Doctor help me.”
Prosecutor Arielle Spiteri told the court that while the alleged offences “were not explicitly captured on the CCTV” due to the angle of the camera, the alleged event was witnessed by a parent of another victim.
Mother gives evidence
The mother told the court she was picking up her son when she turned the corner and saw Mr Capps crouching in front of another young boy.
“I could see their side profile and clearly see their tongues touching … like they were extending their tongues out.”
The court heard she called a daycare staff member to report the incident.
The mother told the court her son opened up to numerous family members about the alleged behaviour of Mr Capps in the days that followed, including a morning when she was making school lunches.
“[He] was mucking around … I said, ‘if you keep not listening, I’m going to have to take you to Kindy today.'”
The court heard her son replied that he did not want to go to Kindy, and when asked why he described being digitally raped at the daycare centre.
The mother of an alleged victim told the court the child did not want to return to daycare due to the alleged offences. (Supplied: Adobe)
During cross examination, Defence Solicitor Jack Kennedy asked the mother about a history of complaints she had lodged against staff affiliated with the centre.
“Is it fair to say you assumed the worst?” he asked.
The mother replied, “no.”
Over four days, the jury will hear from staff at the childcare centre and police before they deliberate their verdict.
The trial continues.