13-year-old niece after a highly emotional case.

Senior magistrate Will Francis said he had "no doubt'' the 53-year-old man -- who cannot be named for legal reasons -- touched his niece for a sexual purpose.

He ordered a social inquiry report on the man, even before hearing the man had no similar convictions.

He added: "I'm not surprised this man has no previous. I judge them as I see them. But a report might help me in this case.'' Mr. Francis said he placed very little reliance on accounts of face to face meetings between the man and the girl's mother except what the man said in a Police statement.

He added: "It is clear when this child complained to her aunt she was upset.

And when asked why she complained to her aunt she said it would be harder to talk to her mother.'' During the trial, the girl's mother told Mr. Francis the man said he was sorry and he did not mean to touch the girl on her leg, groin and vagina.

She said he claimed he "would do anything for this not to go to court'' because he was worried about his job and pension.

Mr. Francis heard that the man drove the girl to the Clearwater Beach parking lot in the afternoon of May 17, 1997.

He told Police he allowed the girl to drive the car and for every mistake he gave her a kiss. The girl said he gave her ten kisses on each cheek at the end of the lesson.

On the drive to Hamilton, the man touched the girl for 30 seconds near Crystal Caves and again on Berkeley Road.

The girl said she was "shocked, nervous and scared'', adding the man told her it was all right to be scared.

The man hotly denied the charge during the trial and sucked his teeth when Mr.

Francis gave his judgment.

Under examination by his lawyer Phil Perinchief, the man said: "It's a lie, I never touched her in any sexual way.'' He also said that he gave his niece kisses in an affectionate way -- not sexually.

The girl's father, who wept quietly during parts of the trial, told Mr.

Francis that he believed in God and said there would be justice "one way or the other''.

The man, who is free on bail, will return to court on October 28 for sentencing.