Lawyer Glenn Thexton loses bid to have sexual assault charge of teen girl outside King St kebab shop thrown out

An Albert Park solicitor accused of drunkenly grabbing the buttocks of a 17-year-old girl outside a King St kebab shop has lost his bid to have the case dismissed.

Lawyer Glenn Thexton is accused of groping the 17-year-old outside a King St kebab shop.

A Melbourne lawyer accused of groping a teenage girl outside a kebab shop has been ordered to stand trial despite arguing the sexual assault charge should be thrown out because CCTV shows her version of events are false.

Glenn Thexton, 43, from Albert Park, vehemently denies touching the 17-year-old girl outside the late-night King St food store in the CBD on September 25, 2019.

But magistrate Brett Sonnet on Thursday ruled in Melbourne Magistrates Court there was sufficient evidence for a jury to convict him.

He did not agree with Mr Thexton’s barrister, Dermot Dann, KC, who argued the prosecution had failed to prove any sexual assault took place.

Mr Dann said the complainant detailed a grabbing of her buttocks that lasted five seconds, but the CCTV showed Mr Thexton walk past the teen in a “split second”.

Lawyer Glenn Thexton has to stand trial for sexual assault.

The experienced criminal barrister said his client was drunk and stumbling around, and it could be the difference between a touch being deliberate or accidental.

But Mr Sonnet said screengrabs taken from the footage showed Mr Thexton walking behind the young woman “with an arm outstretched” in her direction.

“The prosecution need not prove a touching of approximately five seconds duration in order to establish its case,” Mr Sonnet said.

“The fact that independent evidence may have only permitted touching for less than five seconds does not fatally impair the probative value of (the complainant’s) account.

“A fleeting grabbing of a person’s buttocks is sufficient.”

As for Mr Thexton being intoxicated, Mr Sonnet added: “Even though an offender may be affected by alcohol, that does not necessarily in itself deprive the person of the capacity to perform a deliberate act.”

He said it was not his job to determine if Mr Thexton was guilty or not guilty.

“Where competing inferences, including inferences consistent with innocence, are open on the evidence, these are quintessentially matters for a jury to consider in the course of its deliberations,” he said.

On ordering Mr Thexton to stand trial, Mr Sonnet asked him how he pleaded to the single charge of sexual assault.

“Not guilty, your honour,” Mr Thexton replied.

The alleged incident happened outside a King St kebab shop.

Mr Sonnet’s ruling came a day after Mr Dann made submissions the charge should be dropped, saying analysis of the footage has Mr Thexton coming out of the kebab shop 12 seconds past 10.35pm.

“At 10.35.13 he hasn’t reached the complainant – at 10.35.14, he has passed the complainant,” Mr Dann said.

He said it was relevant whether it was a fleeting touch versus a firm, longer-lasting grab as it opened up alternative theories behind the incident and whether it was intentional.

“Is that (touch) deliberate, or is it accidental?” Mr Dann said, adding that Mr Thexton had been observed “stumbling around” intoxicated.

Other witnesses had detailed to the court how they also saw no physical contact or confrontation between Mr Thexton and the young woman, Mr Dann said.

He said the alleged victim also provided a statement saying her attacker ran off down an alleyway and up some stairs, with the evidence showing he got in a cab and left.

“She has this man running up the stairs after this incident, untrue,” Mr Dann said.

“She has this man running down an alleyway, untrue.”

Prosecutor Francesca Holmes said the complainant’s evidence was “quite clear and compelling”.

“All of the other evidence may or may not go to collaboration – but it is her account that is before the court that she doesn’t resile from,” Ms Holmes said.

She said it cannot be argued that a touch is so momentary that a jury could not conclude there was sexual intention behind it.

An earlier court heard how the alleged victim was left distressed and crying after the incident.

She alleges she was standing on the footpath with friends when she saw a male walking towards her, and then around her.

“When he was behind me he grabbed me by my buttocks and applied a bit of pressure, probably for five seconds, and then let go,” she told police.

“He did not say anything to me. I was shocked and my first reaction was to move away from him.”

Mr Thexton remains on bail and will appear at the County Court for a directions hearing on June 29, when a trial date is likely to be set.