Man, 70s, pleads guilty to common assault after slapping young female co-worker’s bottom

A lawyer for the elderly man has claimed the assault at a Gold Coast workplace was a playful gesture “gone completely wrong”.

An elderly man slapped a young female co-worker’s bottom at their Gold Coast workplace in what his lawyer claims was an innocent gesture “gone completely wrong”.

Southport Magistrates Court was told the man aged in his 70s, who cannot be identified, worked part-time at a convenience store in the city’s north where his victim was also an employee.

The man approached the young staffer during their evening shift on September 8 after he realised she was mistakenly closing the shop an hour early.

It was heard she was standing with her back to him when he swung his hand forward, hitting her bottom. The contact lasted less than a second.

The court was told the girl finished her shift despite feeling uncomfortable.

The man (right) leaving the Southport courthouse beside lawyer Joshua Boorman. Picture: Jessica Paul

Statements from the victim and her mother were provided to the court, which the man’s lawyer Joshua Boorman said made clear the gravity of his client’s actions and the mental anguish they caused his former co-worker and her family.

Mr Boorman said the two employees were laughing off the girl’s mistake when the man impulsively reached out with what he meant to be a playful gesture.

“The intended pat on the back has gone completely wrong for him and it’s connected with her buttocks,” he said.

“Regardless of where his intended pat or slap actually landed, the facts of the matter are he did not have the victim’s consent to touch her.”

Mr Boorman said his now-retired client had been “absolutely beside himself” since the assault, struggling to eat or sleep properly and wary of getting too close to his own grandchildren.

He told the court the victim’s family had reported the incident to upper levels of management.

Magistrate Joan White said she had watched CCTV footage from that night and it seemed the man’s actions were not intended to have this result.

“But of course – as has been submitted – you did not have the young lady’s consent to touch her in any way whatsoever,” Ms White said.

“It seems it was a spur of the moment action that’s gone terribly, terribly wrong.”

The man pleaded guilty to a downgraded charge of common assault. He was fined $500 and no conviction was recorded.