The offence was allegedly committed almost two years ago but Magistrate Ann McLennan upheld a no-case submission and ruled in favour of the defendant.

Fiedtkou was charged with the June 10 offence alleged at his Lot 127 Greenheart Street, Mackenzie, Linden home,

But Defence Counsel Michael Somersall submitted the 11-year-old girl was not saying things on her own volition and the Police were not sure how to proceed against the defendant, a respected person in the town.

The dismissal of the case was greeted emotionally by Fiedtkou’s relatives who were in Court to hear the decision on proceedings begun nearly two years ago.