Air force Corporal David Leslie Marsh, 44, awaits verdict in trial over groping, lewd comments
An air force member facing court over allegations of groping and making lewd comments toward subordinate women has faced court for the second day of a hearing.
Canberra Star
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AN AIR force member facing court over allegations of groping and making lewd comments toward subordinate women will learn his fate on Friday morning.
Corporal David Leslie Marsh, 44, fronted the Defence Force Magistrates Court for the second day of his hearing on Thursday.
He has pleaded not guilty to committing an act of indecency without consent and two counts of prejudicial conduct.
The final prosecution witness in the case, Flying Officer Shaun Burgess, who was assigned to look into sexual harassment complaints against Cpl Marsh, said the woman at the centre of the case did not tell him about the claim she was groped on the breast.
“I could see that she didn’t want to talk about it and that might be why she didn’t disclose it,” Flying Officer Burgess said.
The groping allegation involves Cpl Marsh touching a teenage subordinate’s breast under the guise of putting a $10 note into her shirt pocket.
Cpl Marsh did not give any evidence, and his defending officer, Squadron Leader Chris Thompson, argued the prosecution case left open enough doubt that Cpl Marsh should be found not guilty.
Sqdn Ldr Thompson said Defence Force Magistrate Wing Commander Joana Fuller would have to “forgive a lot, perhaps a little bit too much” about the prosecution case if she were to find Cpl Marsh guilty.
He said it was a “hypothesis consistent with innocence” that Cpl Marsh was “adjusting” himself, rather than rubbing his genitals, as he watched a young dog handler doing push-ups in front of him.
He said of the key witness: “I’m not saying she’s been dishonest, I’m saying she’s mistaken.”
He said it would be “bizarre” for a respected defence force member, with a blemish-free record to “make sexual sounds out loud while, according to her, touching himself in a sexual way”.
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Wing Commander Fuller said: “People do a lot of bizarre things”.
“I don’t think I can say that this is just so bizarre that nobody would ever do it.”
Cpl Marsh did not give evidence.
Prosecuting officer Squadron Leader Jonathan Miller argued the woman ought to be believed and Cpl Marsh ought to be found guilty.
He said the “only inference” that could be drawn from a 44-year-old man unzipping a young woman’s shirt pocket and putting his hand in it was “that the $10 note is just a pretext”.
“How does that give the accused any right to go anywhere near this lady’s breasts?” he said.
“It’s clear that the accused had an interest in her breasts.
“I don’t think the standards of the ADF would allow any man to go anywhere near the breast pocket of any woman, not unless they’re performing CPR.”
Wing Commander Fuller will hand down her verdict on Friday morning.