Martin Shaw pleads guilty to sexually assaulting woman at Stock Exchange Hotel

A woman’s birthday will forever be tainted by a mine worker’s decision to sexually assault her at a Brisbane pub while she celebrated her 21st with friends and family.

Martin Beau Hunter Shaw, 30, leaves the Brisbane Magistrates Court on Thursday, February 16.

A central Queensland mine worker has escaped conviction despite leaving a young woman scarred forever and in therapy after sexually assaulting her at a popular Brisbane pub, where she was celebrating her birthday.

Martin Beau Hunter Shaw, 30, faced the Brisbane Magistrates Court on Thursday and pleaded guilty to sexually assaulting the 21-year-old at the Stock Exchange Hotel in April last year.

But his counsel advised the court he disagreed with the facts alleged by the victim.

Barrister Greg McGuire said it was sometime after 11pm when his client, who had been escorted out of the hotel, encountered the young woman standing outside with her friends and family.

He alleged the Wandal man grabbed the victim “in the vicinity of her bottom” as he walked past her but it was her recollection that he reached his hand between her legs and touched her vagina.

Although Shaw was “grossly intoxicated” at the time and had no recollection of the incident, Mr McGuire asserted CCTV footage of the incident proved the victim’s version of events was a “physical impossibility”.

Magistrate Tina Previtera viewed the CCTV footage and found it depicted what Mr McGuire alleged, not what the prosecution alleged.

The victim was subsequently called to testify to a closed court.

Martin Beau Hunter Shaw, 30, leaves the Brisbane Magistrates Court on Thursday, February 16.

Ms Previtera said while the young woman gave evidence in a “clear, concise and credible way” and wholly believed Shaw put his hand between her legs and touched her vagina, she could not be satisfied her version of events were correct.

“The reality of the footage is … that as the defendant’s being escorted out, he reaches with his right hand to his side and grabs the buttock of the complainant,” she said.

“His hand is quite spread as he does this, and certainly there’s the possibility and I accept actuality that his hand went under her buttock.

“I can’t be satisfied from the placement of his hand, the spread of his hand, that it went further than he’s prepared to admit to the extent that I would need to be satisfied on the complainant’s version, which she truly believes.”

She accepted the facts were as submitted by Shaw’s counsel.

The court heard Shaw had a limited criminal history with no relevant offences and had received the benefit of not having a conviction recorded on three previous occasions.

The 30-year-old grew up in Rockhampton and went to school in Yeppoon, where he finished up to Year 12 and completed a diesel fitter apprenticeship.

He has “always” worked in the mining industry, and is the youngest of three children.

Shaw is currently employed at a coalmine west of Mackay working out of Brisbane on a fly-in, fly-out basis.

He said his past behaviour was “embarrassing” and he “wasn’t raised to do stuff like that”.

Ms Previtera acknowledged the impact the sexual assault had on the young woman’s life, particularly on a birthday celebration which would forever be “clouded” by the incident, before deciding to release Shaw on an 18-month probation order.

He was ordered to pay $2000 compensation to his victim. No conviction was recorded.