A Jury in the Brisbane District Court has acquitted childcare worker Joshua James Capps of all charges related to alleged sexual offenses against three children in his care. The verdict was delivered on Friday after less than three hours of deliberation.
"He was observed crying and hugging supporters following the announcement."
The Charges
Joshua James Capps, an educator at a C&K childcare center in Geebung, faced one count of rape and three counts of indecent treatment of a child under 16. The alleged incidents occurred in late 2023, approximately three months into his employment at the center.
Capps pleaded not guilty to all charges. He was stood down with full pay following the allegations and was terminated two days later.
Prosecution Case
Crown prosecutor Arielle Spiteri alleged that Capps took advantage of normal educator-child contact to commit the offenses. The charges stemmed from three separate allegations:
- Rape: An allegation that Capps digitally raped a three-year-old boy on a slide.
- Indecent treatment: Allegations of tongue-to-tongue contact with a three-year-old boy and two other children while engaging in play.
The prosecution presented CCTV footage from the center. The prosecutor acknowledged that the camera angle of one incident prevented explicit observation of the alleged act. In another instance, the prosecution stated the footage allegedly showed Capps touching tongues with a two-year-old girl.
Defense Case
Capps testified in his own defense, denying all allegations. He stated that he believed CCTV footage from the center would exonerate him. His legal team reportedly retrieved corrupted data from the center's cameras using an external IT specialist and provided this footage to the prosecution.
Capps testified that educators were permitted to have physical contact with children, such as hand holding and tickling. He described footage showing him crouching before children and saying, "Doctor, help me, my elbow keeps breaking," as participation in "imagination play."
During cross-examination, the prosecutor questioned Capps about his behavior in the footage. When asked if he was looking around before doing something inappropriate, Capps responded he was looking because "it's a playground full of children."
Witness Testimony
A mother of one alleged victim testified she observed Capps crouching in front of a child with their tongues touching during daycare pickup. Under cross-examination, defense counsel questioned the mother about previous complaints she had made against center staff.
"Senior Constable Alexander Pearson testified that police questioning of this child was 'entirely leading.'"
The three-year-old boy allegedly told his grandfather that Capps was a "bad man." Senior Constable Alexander Pearson testified that police questioning of this child was "entirely leading."
The childcare center's director testified that Capps said he was playing "doctors" when informed of the allegations and referenced camera footage. The director stated the center's 12 cameras were primarily for vandalism or property offenses but that footage would be reviewed if a staff complaint arose.
Technical Evidence
Senior Constable Pearson testified that much of the recovered footage from the center was corrupted. Some footage could not be retrieved despite attempts by the Queensland Police Service.
Verdict and Outcome
The jury found Joshua James Capps not guilty on all four counts. After the verdict, Capps was discharged from bail and was free to leave the court. He was observed crying and hugging supporters following the announcement.