A magistrate has ruled against a claim of sexual assault by a Queensland mine worker, seeing CCTV of the man grabbing a girl’s bottom at a pub.
Martin Beau Hunter Shaw has been employed as a FIFO worker in a coal mine near Mackay. In April 2022, the 30-year-old was out at Brisbane’s Stock Exchange Hotel, where around 11pm he was escorted out of the hotel, highly intoxicated.
Outside was a 21-year-old woman, who had been celebrating her birthday with friends and family, and according to agreed facts tendered in court, his hand came in contact with her backside.
The matter was heard this week in Brisbane Magistrates Court. Shaw pleaded guilty before Magistrate Tina Previtera to sexually assaulting the young woman.
He conceded he was “grossly” intoxicated and had no recollection, and that his behaviour was embarrassing, yet disagreed with the facts alleged by the victim, pleading that he “wasn’t raised” to do such a thing.
According to his version of events, he had grabbed the woman “in the vicinity” of her posterior. In support of this, his defence argued that CCTV footage of the incident demonstrated the woman’s version of events was not possible.
The victim’s recollection was that Shaw had reached between her legs, touching her vagina. The prosecution relayed that she was scarred and in therapy over the assault.
Previtera reviewed the footage, and sided with the accused in doubting the alleged version of events. The woman was brought to testify in a closed session, and Previtera said she thought the girl ‘truly believed’ her testimony, delivered clearly and concisely, but could not be satisfied it was true and correct.
The magistrate said the footage supported the defendant’s claim, that as he was being escorted out he reached his hand out and “grabs the buttock of the complainant”. Previtera could not be satisfied the hand went further than the derrière.
The court had heard Shaw had a criminal history, although no relevant offences.
While acknowledging the impact the incident might have had on the woman, marring a birthday occasion, Previtera stopped short of recording a conviction.
Shaw was released on an 18-month probation order and ordered to pay $2000 compensation.