Girl was indecently assaulted in street

Press, 2 September 1986, Page 4

Girl was indecently assaulted in street

A man whom a jury found guilty of indecently assaulting a girl aged 16 in a city street last April 23 was said by Judge Sheehan, after the verdict . was announced, to have a long record of previous convictions. These included a conviction in 1982 for indecently assaulting a girl aged under 12. The Judge remanded the defendant, Phillip Michael Robertson, aged 27, unemployed, in custody to Friday on the indecent assault charge, and on a charge of later threatening to kill the girl, when he was being interviewed by a detective. On a third charge, on which he was to have faced trial yesterday, of assaulting a girl aged 15, also on April 23, Robertson was discharged by the Judge after submissions heard in Chambers.

The Judge said the discharge, under provisions of section 347 of the Crimes Act, was equivalent to an acquittal.

He said he was satisfied that no jury, properly directed, would convict the defendant on this

charge. Robertson had denied the charges of indecent assault, and assault. He was represented by Mr E. Bedo. Mr R. E. Neave appeared for the Crown. In evidence in relation to the indecency charge, the girl, aged 16, said that, after visiting a friend in Christchurch Hospital she walked along Park Terrace about 7 p.m. Near the Canterbury Museum she saw a man on the other side of the street who then crossed to her side of the street She crossed into Chester Street West, and the man approached her. He grabbed her with one hand round her waist and the other over her shoulder, and held a breast

The girl said she swung a shopping bag hitting the man on the head and then kicked back, striking him in the shin and knee.

He loosened his grip and she struggled free and ran across Cranmer Square.

The man chased after her and then hid behind a tree.

The girl ran to a flat and the occupant called the police.

She identified the man as the defendant, in court Cross-examined, she was asked if all that really happened was that Robertson put his arms round her. She said it did not seem like that to her. She said there was not that much pressure applied to her breast. There was no bruising of her breast She agreed that what might have happened was that Robertson, in effect, hugged her and while holding an arm round her, her breast was touched. Detective L. E. Barker said that, when interviewed, Robertson said he had been in the area, but had gone to a hotel to drink.

Later, Robertson said he wanted to give his side of the story, and said he could have freaked the girl out because he ran up behind her. That would have freaked anyone out. He said he did not grab her, but followed her. He said he did not know the girl, and she would be

lying if she said he grabbed her.

No defence evidence was called, but Mr Bedo, in his final address, submitted to jurors that the Crown had not proved that Robertson intentionally grabbed the girl’s breast, or that there had been an intentional application of force in circumstances of indecency. Mr Bedo said the girl had agreed that what might have happened was that Robertson hugged and put his arm round her, and during the course of that her breast was touched. The Crown had not established that he intentionally grabbed her breast

The girl had “tacitly accepted” that the touching might, have been accidental, Mr Bedo said. He submitted that it merely had been rather strange behaviour by Robertson, in the course of which he accidentally touched the girl’s breast.

The case was “almost much ado about nothing” as far as an indecent assault was concerned, Mr Bedo submitted.