Gloucester, Taree council worker David Brian Macpherson in court for sexual touching

‘If I touch you like this it doesn’t mean anything right’ — this was the question a NSW council employee asked as he assaulted a female co-worker. See how he was dealt with in court.

Gloucester CBD. Picture: Facebook.

A Mid-North Coast council staff member has pleaded guilty to sexually touching and assaulting female co-workers in multiple incidents over several years — offering to ‘help’ put up decorations and giving out lollies.

Dressed in a blue check shirt and wearing a wedding ring David Brian Macpherson nodded as his lawyer told the court how sorry he was for his actions.

The 70-year-old pleaded guilty to assault with an act of indecency and two charges of sexually touch another person without consent.

These charges relate to three separate victims.

A fourth charge of aggravated sexual touching was withdrawn.

David Brian MacPherson leaves Taree Local Court on February 27.

The charges relate to offending that took place when he was aged between 65 and 68 and stretch back to Christmas 2017/2018 when a female co-worker was putting up decorations at the Gloucester council office.

Gloucester was formally amalgamated into what is now known at MidCoast Council along with Great Lakes and the City of Greater Taree councils in 2016.

The court heard the woman was reaching above her head near Macpherson’s desk putting up decorations when he said to her “I’ll help you with that” and placed his arms around her midriff area.

His lawyer told the court Macpherson was deeply ashamed and happily married and that the “burden hangs over him” from his actions and that he resigned voluntarily in November 2021.

The MidCoast Council office in the Taree CBD before the move out to the old Masters Building. This was the Taree Council building for many years prior to the amalgamation of Gloucester, Great Lakes and Taree to form MidCoast Council.

He also told the court that Macpherson had pleaded guilty, sparing the victims from giving evidence and saving valuable court time.

Magistrate Allison Hawkins acknowledged this but said he was certainly no “hero” and that often women don’t come forward in these matters as they can end up facing “more consequences than the men, but hopefully this is changing”.

In relation to the Christmas decoration incident, he said his client’s offending involved hugging and pressing himself to the female colleague’s rear, and he realises that was grossly inappropriate behaviour in the workplace and in general society.

The old Gloucester Council building prior to amalgamation.

During another incident, he offered a female colleague a lolly on his birthday but his lawyer said there was “no skin to skin” contact and also no “genital connection” in any of the cases, and that the workplace is vastly different from other settings like a nightclub or at home.

Another victim was working at her computer near Macpherson in November 2021, when he placed his hand on her upper thigh and moved it upwards and whispered: “If I touch you like this it doesn’t mean anything right ?”.

The victims all came forward around the same time - between November 2021 and February 2022.

Police attended his Hillville home along Bucketts Way on June 16, 2022 to arrest him.

According to police facts ‘Taree Council’ provided documentation into the accused including internal investigations that took place into Macpherson’s behaviour.

The MidCoast Council head office in the old Masters building on Manning River Drive south of Taree. Picture: Facebook

Current MidCoast Councillor Peter Epov was in court on Monday to witness proceedings.

Mr Epov has raised a number of questions on notice to council’s general manager about what he says is a culture of “bullying, harassment, inappropriate relationships and abuse” and has called for an independent review.

In August last year a response from the general manager read: “There is no evidence of a culture of bullying, harassment, inappropriate relationships and abuse within MidCoast Council nor is the General Manager aware of any such culture. As such, there is no need for an independent review.”

In relation to the charge of assault with act of indecency Macpherson was convicted and fined $700.

For the two charges of sexually touch another person without consent, he was convicted and ordered to serve a 12-month community corrections order to be of good behaviour.