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ABC News
ABC News
National
Elizabeth Byrne

'Nothing innocent' about armed men's visit to sex offender's home

Three vigilantes intended to intimidate or harm a Canberra sex offender when they went to his home with a knife after watching a video of him abusing a young girl earlier this year, a court has heard.

Joshua Darcy Watson, 33, Paul Arthur Palmer, 39, and Daniel James Nicholas, 31, were charged with attempted burglary, after Sunil Batagoda, called Triple-0 saying three men were trying to break in and that he feared for his life.

One of the men had seen a video of Mr Batagoda engaged in a sex act with a 14-year-old girl, and Batagoda has since pleaded guilty to sexual offences against four girls.

Prosecutor Rebecca Christiansen told the ACT Supreme Court the three men were involved in a joint criminal enterprise.

"They were all part of this agreement, part of this criminal act," she said.

Ms Christiansen said the men were frustrated because they thought police had not taken action after receiving the video.

"Mr Batagoda was a child sex offender, but vigilante justice shouldn't be tolerated," she said.

Ms Christiansen also pointed to their clothing, a knife and some wire allegedly to use to break in, and the fact they ran when police arrived, as evidence of their intentions.

"It was not three men coming around with some innocent intent," she said.

"It was not to stop by to borrow a cup of sugar ... It was not to stop by to have a friendly chat about a concerning video.

"It wasn't to educate Mr Batagoda.

"It was to enter his house to threaten to cause him harm, or to cause him harm."

Allegations 'don't cut the mustard'

But lawyers for the men said there was no evidence they intended to do any more than talk Mr Batagoda or show him the video.

The lawyer for Mr Nicholas, Alyn Doig, told the jury their clothes, which included hoodies and gloves, were not proof of any intent.

He also said the tools said to be used to break in consisted of a knife, piece of wire and pipe, when the men had more effective tools in the car.

He said the suggestions from the prosecution "didn't cut the mustard".

"Is that really attempting to enter a premises?" he asked.

He also noted the group was there for more than 10 minutes, while Mr Batagoda called police, and they still did not manage to get in.

He told the jury it was equally likely "they were there to do what they told the police".

The men had claimed they simply wanted to speak to Mr Batagoda.

The jury has retired to consider its verdict.

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