Muhammad Ali, now aged 31, arrives at the ACT Courts in 2023. Photo: Albert McKnight.
CONTENT WARNING: This article refers to child abuse.
A former childcare worker was found guilty of indecently assaulting a second young boy at his daycare centre when his second trial came to an end.
During the short time Muhammad Ali was employed as a casual educator at a childcare centre in northern Canberra in 2022, he was alleged to have indecently touched four young children.
At the end of his first trial in 2023, a jury found him guilty of indecently assaulting the first four-year-old boy by touching his genitals, but acquitted him of assaulting a second four-year-old boy and could not reach a unanimous verdict when it came to a three-year-old girl.
Then earlier this month, the 31-year-old pleaded not guilty to two charges when a second ACT Supreme Court jury trial began over the same three-year-old girl as well as a third four-year-old boy.
Jurors deliberated for three-and-a-half days before returning to the courtroom on Thursday afternoon (28 August) and saying they could not reach unanimous verdicts on either counts.
But they found Ali guilty of indecently touching the third boy’s genitals when delivering a majority verdict of 11 to one on a charge of committing an act of indecency on a child.
While they found him guilty of this charge, they said they still could not reach a majority verdict in relation to the girl.
Acting Justice Peter Berman discharged the jury and adjourned the matter to Tuesday (2 September) to find a sentencing date regarding the assault of the third boy and to see if prosecutors would seek to try Ali over the alleged assault on the girl for a third time.
Ali was suspended from the childcare centre in April 2022 after allegations began to emerge against him.
He has remained in custody since he was sentenced to 18 months’ jail over the assault on the first boy in November 2023, even though this jail sentence has now finished.
The evidence over the assault on the first boy was used as tendency evidence in the second trial, but jurors were told they did not have to determine any charge relating to this boy.
During the second trial’s closing submissions, Ali’s barrister, Sarah Baker-Goldsmith, said jurors might think the girl and the third boy had been “primed” by their parents, intentionally or unintentionally, to say Ali indecently touched them.
Ms Baker-Goldsmith said both were repeatedly questioned about whether they were touched at the daycare.
“They might believe these things happened because others said they happened,” she said.
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 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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