Mint n’ Co, Canberra masseur Timothy Van Eyle to re-appeal indecency conviction

A masseur whose indecency conviction was previously quashed will return to court after it was found an appeals judge had “erred” in her judgment.

Timothy Van Eyle will need to launch a second appeal against his indecency conviction . Picture: Craig Dunlop

A masseur whose indecency conviction was quashed earlier this year will return to court for a second appeal after it was found an appeals judge “erred” in her decision.

Timothy Van Eyle was convicted of an act of indecency without consent following a two-day hearing in April 2021 by Special Magistrate Jane Campbell.

That conviction was overturned by Justice Christa Loukas-Karlsson in January on appeal.

However, ACT Director of Public Prosecutions Shane Drumgold challenged the appeal in August.

Timothy Van Eyle leaves the ACT Magistrates Court in April 2021. Picture: Craig Dunlop

The DPP said Ms Loukas-Karlsson erred in allowing the appeal despite not finding an error on part of the magistrate, that she misapplied a test in relation to an assertion that a finding of guilt was unreasonable or not supported by evidence, and that she erred by making findings which were “illogical or unreasonable”.

Three appeals judges Chief Justice Lucy McCallum, Justice Geoffrey Kennett and Justice David Mossop all agreed with the top prosecutor’s challenge.

Chief Justice McCallum noted it was “illogical and unreasonable” for justice Loukas-Karlsson to agree the touching has a sexual connotation while not finding Mr Van Eyle guilty.

Timothy Van Eyle said his victim was a “liar” and maintained his innocence as he left the ACT Magistrates Court in April 2021. Picture: Craig Dunlop.

It was alleged Mr Van Eyle, who worked for Spa Mint – now rebranded as Mint n’ Co - in Civic, massaged the breasts of a female customer for up to 15 minutes in January 2019.

During the 2021 hearing, the alleged victim said during the massage Mr Van Eyle cupped her breasts and slid his oily hands up and down her torso “like he was feeling me up”.

“He was definitely lingering in the area,” she said.

Following the hearing, Ms Campbell described Mr Van Eyle’s evidence as “implausible”.

The magistrate said she was satisfied beyond reasonable doubt he had touched his client’s breasts “in a sexual manner, deliberately and not just in passing.”

Mr Van Eyle launched an appeal shortly after the hearing, and his conviction was quashed in January, with Ms Loukas-Karlson stating the masseur’s conduct was “susceptible to misinterpretation”.

Ms Loukas-Karlsson said she was satisfied beyond reasonable doubt Mr Van Eyle touched the woman’s breasts, that the action was indecent and that the client did not consent.

Yet she said she was not satisfied Mr Van Eyle was reckless as to whether the complainant was consenting.

“On the evidence, I must return a verdict of not guilty,” Justice Loukas-Karlsson said in her decision.

“It is entirely reasonably possible on examining all the evidence that the complainant and (Mr Van Eyle) have both honestly reported different perceptions of the treatment,” she said.

“It is a reasonable possibility that (Mr Van Eyle) was giving truthful evidence when he testified that he believed the complainant had indicated consent to the massage he undertook.”

Mr Van Eyle will return to court next month to launch a second appeal against his conviction.