A man in his 30s told his 12-year-old niece he was only aged 16 before kissing and fondling her, a Supreme Court jury was told yesterday.

The schoolgirl -- giving evidence at her uncle's retrial -- said she "loved'' him and then described the first time he peeled off her school uniform and convinced her to perform oral sex and have intercourse with him.

The man, now aged 35, has pleaded not guilty to having unlawful carnal knowledge of a girl under 14 and three counts of sexual exploitation of a young person between August 1995 and January 1996.

Neither the girl nor her uncle can be identified for legal reasons.

In March a jury failed to reach a verdict in the case after deliberating for four hours.

Under cross examination yesterday, the well-spoken student -- now aged 15 -- said she had lost count of the number of times she had had sex with the defendant over the past three years.

She did not want her uncle to get in trouble and had "watered down'' her original statement to Police so he would not be charged, she said.

The girl admitted she had once dressed up in a blue wig for him, and another time had given him a picture book titled A Guide to the Erotic Art of the Kama Sutra.

"That is not a reflection of the person that I am. I don't read that type of book. I read this type,'' she said to the jury as she held up a schoolbook with highlighter pen through it.

"I was just playing. I was just joking and being silly and I thought he would think it was funny.'' Crown Counsel Sandra Bacchus told the jury to use common sense.

She said whether the niece consented to the alleged sex was not relevant and was no defence to the charges because at such a young age it was impossible to understand real consent.

The schoolgirl said when she was aged 12 and playing with other children at her grandmother's house, her uncle began talking to her, claimed he was only 16-years-old and then kissed her on the mouth.

That same day he asked her to meet him behind a nearby hill where he kissed her again and fondled her breasts and vagina.

During cross-examination, she broke down and sobbed: "Sometimes I wake up and I love him and sometimes I hate him. I didn't ask for him to bother me I didn't start it.

"If he could just keep himself to himself I would never have done any of this. I was only 12 years old.'' The trial continues today.