Wambie Whoppers owner Eric Phu Soksan sentenced over sexual touching charges

The owner of Wambie Whoppers, Eric Phu Soksan, has been sentenced over charges of sexually touching a teenage boy. Read what happened in court.

The owner of Wambie Whoppers remained straight faced as he was led out of court after being sentenced to jail.

Eric Phu Soksan, 46, was convicted of two counts of intentionally sexual touching a child aged between 10 and 16 years at Gosford Local Court.

A charge of aggravated sexually touch another person was withdrawn.

The father of two, with family by his side, was sentenced to 10 months imprisonment in Gosford Local Court on Wednesday, with a non-parole period of five months.

Eric Phu Soksan, 46, (left) of Terrigal, arriving at Gosford Local Court where he was sentenced for sexually touching. Picture: Richard Noone

The court heard Soksan’s inappropriate behaviour with a 15-year-old boy lasted throughout

2018 to early 2020 and included him asking the victim to call him “dad” an offering him expensive gifts.

On two occasions, Soksan touched the victim’s genitalia, including once outside his clothing and the other time in between the victim’s underpants and trousers. He said “don’t worry, I wont look”.

His solicitor Jamie Clements pushed for a good behaviour order and said Soksan, who had no criminal record, was of good character. Mr Clements sought to rely on an expert witness who stated that Soksan’s behaviour was not sexually motivated and more of a “cultural misunderstanding”.

Eric Phu Soksan with his Wambie Whopper burger at Wamberal. Picture: Peter Clark

Professor Maurice Eisenbruch of Monash University, a psychologist who has worked in Cambodian communities, gave evidence saying it was normal for parents, neighbours or close family friends of young boys or adolescents to touch their genitalia with no sexual desire.

After three interviews with Mr Soksan, who grew up in Cambodia, Prof Eisenbruch concluded that Soksan had developed a close relationship with the victim however his actions were not sexual. He said Soksan grew up with his father, mother and family friends touching his genitalia regularly.

“It never occurred to him that playing with someone could have been misinterpreted as sexual,” he told the court.

Prof Eisenbruch said Soksan, who has been in an “enclave” and not properly engaged in Australian society, pleaded guilty when he realised his actions were wrong under Australian law.

Magistrate Jennifer Price said could not rely on Prof Eisenbruch’s report which had clear gaps and could not accept that there was no sexual gratification on Soksan’s behalf.

Prof Eisenbruch’s report stated the touching of the penis was “accidental” however Magistrate Price said it was clear that it was intentional and the victim had told him to “stop” and “get off”.

She said having lived in Australia for 24 years and raised children here, it should have been clear to Soksan that “such touching is not acceptable”.

When sentencing Soksan, Magistrate Price said she took into account general deterrence, accountability and the significant impacts on the victim. She said offences such as these were too frequent with impacts on victims lasting many years into adulthood.

Soksan will be eligible for parole on November 15, 2021.

However, Soksan appealed the sentence and was given bail pending further court proceedings.

EARLIER

Wambie Whoppers sexual touching a ‘cultural misunderstanding’

On May 24, 2021

The lawyer for the owner of popular burger shop Wambie Whoppers has told a court his client’s sexual touching of a boy was a “cultural misunderstanding”.

Eric Phu Soksan, 46, of Terrigal, was due to be sentenced at Gosford Local Court on Thursday but the matter was adjourned after his solicitor Jamie Clements tendered an expert report.

Mr Clements told the court the report, by Professor Maurice Eisenbruch of Monash University, went towards “whether the sexual touching was sexually motivated” or not.

He said Mr Soksan pleaded guilty on the basis he accepted it was against Australian law however it was a “cultural misunderstanding”.

After his arrest, Mr Soksan told police he treated the victim “like a kid” and was “just playing around”.

Owner of Wambie Whoppers Eric Phu Soksan, arrives at Gosford Local Court.

“The offender admitted to touching the victim and motioned with his hand, swinging his arm and hand in a grabbing motion and saying ‘I touch him like this’,” an agreed set of facts states.

He later told police in an interview that “in my country we just doing that, just a normal thing” and that his mother used to touch him on the penis when he was young.

The court heard his defence would submit Mr Soksan’s moral culpability was reduced because it was not sexually motivated.

Mr Soksan pleaded guilty to aggravated sexually touching another person and two counts of intentionally sexually touch a child over the age of 10 and under the age of 16 following his arrest in March 2020.

The agreed facts state the prolonged behaviour started with hugs from behind to putting his hand down the victim’s pants.

The court heard Mr Sokan did not have any sons and treated the boy as his own and asked him to call him “dad” and offered gifts such as a Louis Vuitton bag.

The facts state Phu Soksan owned the popular burger shop on The Entrance Rd at Wamberal for the past 16 years after fleeing Cambodia as a refugee in his 20s.

The facts revealed the offences occurred at various stages throughout 2018, 2019 and early 2020.

This included Mr Soksan approaching the victim from behind and attempting to cuddle him with both arms or trying to pick him up saying he was “light”.

On one occasion, Mr Soksan gave the victim $50 after finding out he was going on an excursion and asked the victim not to tell anyone.

Mr Soksan appeared at Gosford Local Court. Picture: Peter Clark

“The offender would sit in the front passenger seat and place his hand between the seats and attempt to rub the victim’s leg in the back seat,” the facts read.

The court heard he would also call or text the victim and offered expensive gifts, including a Louis Vuitton bag, if the victim agreed to go to dinner or an event.

On one occasion in 2018, Mr Soksan came up behind the victim, wrapped his arms around him and then placed his hand on the victim’s penis on the outside of his clothes. The victim told him to stop.

On another occasion, Mr Soksan placed his hand down the victim’s pants and touched his penis on the outside of his underpants.

The facts stated there were other times when Mr Soksan grabbed the victim’s penis outside his underpants and one time said, “don’t worry, I won’t look”.

Wambie Whoppers owner Eric Phu Soksan (left) has pleaded guilty to sexual touching. Picture: Maguire Waide

Mr Soksan also referred to the victim as his “son” and asked him to call him “dad”.

“The victim felt too embarrassed to tell anyone what was happening but knew the offenders behaviour was inappropriate,” the facts read.

He told his parents who contacted the police and in March 2020 detectives got a warrant to record phone calls between the victim and Mr Soksan.

The facts stated that on the first call, Mr Soksan told the victim he was sorry for touching him and that he was “just having fun”. He also asked the victim not to tell anyone about what had happened.

The Crown prosecutor asked for an adjournment to consider the report and sought leave to cross examine Professor Eisenbruch via video link at Mr Soksan’s sentencing.

The matter was adjourned to June 11.