Sunshine Coast doctor Morne Terblanche instead convicted of common assault
A Sunshine Coast doctor has been found not guilty of sexual assault after he slapped a hospital worker on the bum while she was leaning over a pool table at a party.
Police & Courts
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A Sunshine Coast doctor who has worked across Queensland has been found not guilty of sexual assault but convicted for common assault after he slapped a hospital staff member on the bottom at a work party last year.
Morne Terblanche, 52, pleaded not guilty in Maroochydore District Court on May 28 to one count of sexual assault.
He was found not guilty by a jury on Wednesday, May 29 and instead was charged and sentenced for one count of common assault.
Terblanche was fined $5000 and ordered to pay another $5000 in compensation.
Earlier
Crown prosecutor Michael Andronicus told the jury in his opening statement Terblanche was working as a senior medical officer in the anaesthetics department before the alleged offence and the victim also worked at the hospital.
In 2021 he was named in the Sunshine Coast Hospital and Health Service’s annual report as the Clinical Council Co-Chair after working as the Director of Anaesthetics on the Coast.
He told the court the offence took place at a hospital party when the victim, who was playing a game of pool with three other people, leaned over the table to take her shot.
Mr Andronicus told the court her clothes lifted in the process to reveal her bare skin and Terblanche approached and smacked her on the bottom.
He said the victim would tell the jury in her evidence the slap was painful.
The woman immediately turned around to face the doctor and said “what the f---,” Mr Andronicus said.
“I’m sorry but you asked for it,” Terblanche had replied.
Mr Andronicus said the woman’s husband - one of the pool players - approached the two and demanded “what the f--- was that” with Terblanche giving an apology.
The court heard Terblanche sent an email to the woman’s work account stating “I’m sorry, I was out of line” and later a Facebook message saying he realised his “joking action” was seen as inappropriate.
Defence barrister Ruth O’Gorman told the court it is accepted as fact Terblanche had slapped the woman on the bottom.
She said the subject of the trial is to determine whether the action was of sexual connotation with intent for Terblanche to receive “sexual gratification” or if it was merely a prank.
It is also accepted he said “you asked for it” after his action, with the issue being whether his words were referencing a prank or not, she told the court.
The court closed then closed to hear evidence from the victim.
Jury hears witness recounts
The victim’s husband then told the jury how he saw Terblanche approach his wife from the corner of his eye and smack her on the bottom.
He told the court whilst he couldn’t see his hand make contact behind the pool table, he allegedly heard the sound of his hand smacking her skin directly.
The man said he had put his arms around the victim and when he had approached the doctor he allegedly laughed and left the conversation after apologising.
The next witness told the court she had seen Terblanche walk towards the woman and saw him swing “like a tennis shot” followed by the sound of a slap.
She said the woman was not wearing a dress but a type of one piece at the time.
The court heard the witness was “astonished” and Terblanche allegedly used a “belittling sort of tone” when he made the comment she was “asking for it.”
Another witness who had been sitting by the bar on the night and thus having a view of the alleged victim from behind, also said she was wearing a playsuit but Terblanche only made contact with her clothing during the incident.
The witness told the court Terblanche had said “that didn’t go well” after she separated him from others at the pool table and he seemed “physically upset.”
The doctor gives evidence himself
The last person to have stepped into the witness box on Tuesday was Terblanche himself.
He said he had intended to give the woman a “jumpscare” and catch her off guard with his actions and he only made contact with her clothes.
“I just wanted to do a prank,” he said.
He told the court the woman had said it was fine and hugged before her husband approached, who he was not aware was at the function.
During cross-examination, he denied the victim had exposed skin and he had “copped a feel” when he smacked her.
Terblanche also denied he saw the situation as a “sexual invitation” and that he had received any gratification from the action.
He accepted he had laughed “in a joking mood” but then felt bad when the situation escalated, the court heard.