Solicitors for two women accused of abducting a four-year-old girl from a Wagga home have told a court that their clients acted out of concern for the child's welfare.
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A 30-year-old woman, from Tolland, and a 22-year-old woman, from Forbes, pleaded not guilty in Wagga District Court on Tuesday to counts of child abduction, entering a dwelling with intent to commit a serious offence aggravated by knowing people were present, and common assault.
The charges stemmed from an incident on October 25, 2020 in which the two women allegedly forced their way into a Tolland home, assaulted the mother, and took her child from the house.
The Daily Advertiser has not named the women for legal reasons.
A jury was empanelled for the trial, which began on Tuesday and was expected to conclude by Thursday.
Crown Prosecutor Max Pincott told the court that the two women had formed a joint criminal enterprise to abduct the child from her lawful parental guardian.
Mr Pincott said the women confronted the mother outside her partner's home before pushing the front door open to gain access to the house.
"They said 'We're taking your daughter; you're not fit enough to be a mother. We are taking her from you'," Mr Pincott said in his opening for the trial.
Mr Pincott said there was then a fight in which the mother was hit on the nose and head, including while on the ground, leaving her with a bloodstained shirt.
"She did not take it lying down - if you will pardon the pun - she fought back," Mr Pincott said.
The older woman's solicitor, Eugene Renard, said there were "often two sides to a story" and his client took action because she heard from family members that the mother had tried to strangle the child.
"There is no doubt she attended that house and took the baby, the question is 'why'," Mr Renard said.
Mr Renard also said his client was not guilty of assault because she acted in self-defence and to defend another person.
The younger woman's solicitor, Harriet Skinner, said her client went to the house because she "thought it necessary to do so".
"She did what she did out of concern for [the child]," Ms Skinner said.
The court was played a video of the mother's interview with police in which she said she was concerned for her safety and feared the women would take her child again.
On cross examination, the mother admitted that the older woman had been concerned that her alcohol use and partying was affecting her ability to care for the girl.
"She told me to 'sort my s--- out'," the mother said.
The trial continues.
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