Why a police prosecutor was cleared of touching a female court officer's buttocks - despite it being caught on CCTV
SA Police officer Greg Hill, 62, faced SA Supreme Court on Thursday after being charged with aggravated indecent assault in 2022.
The court heard Mr Hill had been called into a courtroom by a female court officer but as she held the door open for him, he 'touched her left buttock'.
The woman described 'feeling his fingers move in a tickling movement'.
'It made her angry as he had no permission to touch her,' the court heard, News.com.au reported.
CCTV showed Mr Hill's had indeed 'curled' his fingers and the 'movement of his fingers was consistent with a tickling motion'.
The officer told Mr Hill: 'I wouldn't be doing anything like that to me if I were you.'
Mr Hill had 'stepped back and laughed' prompting the woman to say: 'I'm serious, I'll have you for sexual harassment.'
Mr Hill replied: 'I don't know whether to take you seriously or not.'
In an earlier ruling, a magistrate was 'satisfied beyond a reasonable doubt' that Mr Hill 'deliberately tickled [the woman's] left buttock'
However, the magistrate found there was not enough evidence he groped her for 'sexual gratification or [to] cause sexual humiliation.'
They claimed while the act was 'harassing, unacceptable and disrespectful' and only amounted to 'unwanted touching'.
'It was just as likely the action was a joke or ill-conceived gesture,' the magistrate said.
'There was no suggestion of any flirting behaviour by the defendant. The touch was not accompanied by any comment or other behaviour.'
The maximum sentence for aggravated indecent assault is 10 years behind bars.
There is no clear law against 'unwanted touching', thus no clear sentence guide.
Mr Hill was found not guilty and acquitted of the charge.
The matter was appealed by the Commissioner of Police and presented to the SA Supreme Court last week.
Supreme Court Justice Laura Stein upheld the dismissed charge, concluding the magistrate did not err in finding a 'failure to establish sexual intention'.
'Regardless of that conclusion, I reiterate the Magistrate's comments that the behaviour was harassing, unacceptable, inappropriate and should not have occurred,' Justice Stein said.
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