Top equestrian Anthony Thomas didn’t sexually harass showjumper Kate Crauford because she wasn’t his employee, court told
A top SA equestrian could not have sexually harassed a young showjumper because she was never his employee, a court has heard.
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A top equestrian was not sexually harassing a rising star show jumper because she was never his employee, the Federal Court has heard.
On Friday, counsel for high-profile SA showjumper Anthony Thomas, 49, and expat equestrian Kate Crauford, 23, closed out a five-day sexual harassment Federal Court trial.
Alex Lazarevich, for Mr Thomas, told Judge Stephen McDonald that sexual harassment is illegal in specific circumstances, and Ms Crauford was not in a position to be sexually harassed by Mr Thomas under the Sexual Discrimination Act 1984.
Mr Lazarevich said Ms Crauford was not an employee of Mr Thomas, was not seeking employment nor being provided goods or services and as such their relationship would not meet the statutory test.
The court further heard Equestrian South Australia, the organisation where Mr Thomas allegedly held a position of power on the showjumping committee, could not be classified as a “club” under the Act’s definition because it did not serve alcohol on its premises.
Mr Lazarevich further submitted there was “no need to punish” Mr Thomas for his conduct and the proceedings had been more damaging to his client than to Ms Crauford.
Mr Thomas denies all alleged wrongdoing.
During the trial, the court heard Mr Thomas “objectified” Ms Crauford and described as being the “hottest” one at a horseshow while having “legs to die for”
Mr Thomas denied the allegations, insisting he always acted appropriately and his messages were “friendly banter”.
During her time on the stand, Ms Crauford told the court she had witnessed Mr Thomas allegedly “rapping” his horse – an internationally illegal and abusive practice where the horse is struck on the legs while jumping.
The court previously heard Ms Crauford, who had flown in from Florida, tried to lodge a complaint with Equestrian SA and Australia, but was told the governing body was powerless to act because her claim was a day too late.
During his first day on the stand, Mr Thomas was asked about pending criminal charges relating to alleged horse abuse – to which he made the claim he had “not been charged”.
Mr Thomas corrected himself later saying he had misunderstood the term charged.
Holly Veale, for Ms Crauford, submitted Mr Thomas’ conduct was “insidious” and his use of “subtle” tactics to commit the alleged sexual harassment of Ms Crauford was part of what made “cases like this” difficult to bring to court.
“The community standards in this day and age expect more, they expect more of men in positions of power to begin with,” Ms Veale said.
Ms Veale said Mr Thomas had committed a “completely calculated disregard” of Ms Crauford’s rights and Ms Crauford was being blamed for failing to “put a stop” to Mr Thomas’ “overt flattery” and “pushing” of personal boundaries.
Judge McDonald has reserved his judgment for a later date.
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Originally published as Top equestrian Anthony Thomas didn’t sexually harass showjumper Kate Crauford because she wasn’t his employee, court told
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