The man, who cannot be named for legal reasons, had previously pleaded not guilty to a charge of committing an act of indecency, with Magistrate Howard Hamilton hearing the matter in Dubbo Local Court yesterday.

The charges relate back to December 27, 2008, however the man was not caught by police until earlier this year.

Evidence was given by the man’s former partner and her sibling, who was 19 years of age at the time of the offence.

The court heard from his ex-partner that at the time, she was living with the man, their children and her younger sister in a four-bedroom house.

On the morning in question, she was taking her three-year-old child to the toilet when she noticed the man at the door of her sister’s bedroom.

She described how she saw him with his pants down and how his hand was pulling on his penis in a backward and forward motion.

When she asked what he was doing, he replied “pulling myself over you, you slut”.

Shortly after she left the house, only to return about 15 minutes later.

According to her evidence, when she returned her sister was outside the house and told her that she needed to talk to her.

“I told her I had a fair idea what it was about and to get her stuff because I was going to take her to her mum’s place,” she said.

The victim in the matter then gave evidence where she detailed what happened when her sister had left the house.

“Edward came into my room to get a drink but I told him it was ‘Mosy’ not lemonade,” she said.

“Then I saw him at the door with blue boxers down below his knees and I saw his hands down there and I looked away.”

When questioned about what “down there” referred to, she replied “between his legs”.

She then told of how she quickly made her way out to the front of her house, where she spoke to her sister.

The man’s lawyer told the court that the victim had made no reference to seeing the man’s penis and outlined how there was the possibility of collusion between the siblings due to their close relationship and the fact that at the time, the man and his partner had been fighting.