WA Treasurer’s ex-adviser Steve Kaless acquitted of party indecent assault

Steve Kaless found not guilty of allegedly placing his hand inside the underwear of a colleague while drinking at a bar in Perth’s Ritz Carlton hotel.

Steve Kaless, a former senior adviser to the West Australian Treasurer, leaves court in Perth on Tuesday after being acquitted of indecent assault. Picture: Ross Swanborough

A former senior adviser to West Australian Treasurer Ben Wyatt has been acquitted of indecently assaulting a work colleague after a staff Christmas party, and has flagged legal action against the government over his forced ­resignation.

Magistrate Jennifer Hawkins on Tuesday found Steve Kaless not guilty of allegedly placing his hand inside the underwear of a colleague while drinking at a bar in Perth’s Ritz Carlton hotel on Friday December 13 last year.

Mr Kaless quit his post as Mr Wyatt’s senior media adviser the following Monday. Speaking outside court after his acquittal, he told reporters he had been given no choice at the time but to resign.

The alleged incident followed a long Christmas lunch and an altercation over a non-gender neutral Secret Santa gift. The rumour spread swiftly through the Treasurer’s staff, prompting Mr Kaless to send the complainant a text message the following morning in which he apologised for “some truly ordinary behaviour” that he had been “made aware of”.

Ms Hawkins ruled that the allegation had not been proven beyond a reasonable doubt to have occurred, with CCTV footage from inside the bar proving inconclusive in supporting the testimony of the complainant and another colleague, policy adviser Brendan McGrath.

Speaking outside the court, Mr Kaless said he would pursue legal action against the Department of Premier and Cabinet over his resignation, which he blamed on “tall poppy syndrome” towards the Treasurer’s office.

“A smear campaign that surrounded my immediate resignation was very unfair and I can only but agree I’ve suffered significant reputational damage because of what people said,” he said. “The Department of Premier and Cabinet will certainly be having a discussion with the Industrial Commission ... to discuss circumstances around my resignation.”

Ms Hawkins said while she did not find the complainant, who cannot be named for legal reasons, had deliberately lied, her evidence was unreliable.

She also said the complainant’s lack of reaction to the alleged incident was inconsistent with her ­actions before and after, noting that she had earlier that day challenged Mr Kaless over his decision to bring a non-gender neutral gift for the office’s Secret Santa despite Mr Kaless being her senior.

The woman had complained about Mr Kaless’s Secret Santa gift of cufflinks and told the court on Monday she thought it was “rude and unfair” that Mr Kaless had bought a gender-specific gift.

She had also pushed a “jovial” Mr Kaless away as he invited her to “hug it out” on their way to the Ritz Carlton.

Ms Hawkins did raise some concerns about the appropriateness of other behaviour shown by Mr Kaless in the CCTV footage.