Witness - (Refer to NSW legislation and the Evidence Act)

There has been a report of sexual abuse made by Jenny (9 y/o) by her step-father, James (38 y/o).

Jenny's mother, Suzanne is refusing to give evidence however is aware of the facts below.

• James watched Jenny whilst she was showering
• James touched and licked Jenny's private parts
• James allowed Jenny to watch adult films

Suzanne has attended court but is non-believing of the allegations and is not willing to give evidence/cross-examination.

In this scenario what is the issue, rule, application, consequences and conclusion?