SA barrister Enzo Belperio takes stand in misconduct tribunal, denies sexually assaulting young female lawyer inside Bar Chambers

Enzo Belperio has given his account of a late-night incident with a young female lawyer, saying she was “happy” the whole time and he stopped when she asked.

• Dark Chambers: Belperio case explained

Barrister Enzo Belperio has told a tribunal he tongue-kissed, touched and asked to perform a sex act upon a young lawyer in his darkened chambers – and stopped when she said “no”.

On Friday, Mr Belperio told the Legal Practitioners Conduct Tribunal the lawyer was “happy the whole time” throughout their encounter, which he said was consensual.

“I said to her ‘you’re a good kisser’ … she smiled … I got off the couch, knelt on one knee in front of her and asked if I could go down on her,” he said.

“She said ‘no’ … just ‘no’ … I didn’t want to do it if she didn’t want to … I asked, she said ‘no’, so I stood up and got back on the couch.

“I said ‘you can sit on my face’ and she said ‘that’s a big call, but no’ … I remember her smiling and saying ‘we shouldn’t be doing this’.

“She was smiling and happy, the whole time she seemed happy and in the same mood and demeanour we had been in all night.”

Enzo Belperio outside the tribunal hearing on Friday. Picture: Brett Hartwig.

Mr Belperio and his barrister, former Victorian County Court judge Julie Condon KC. Picture: Russell Millard Photography

The Legal Profession Conduct Commissioner alleges Mr Belperio made “inappropriate and uninvited physical and sexual contact or advances” to the lawyer in mid-2020.

It further alleges that amounts to professional misconduct – Mr Belperio, who has not been charged with any criminal offence, insists the incident was consensual.

In his evidence, Mr Belperio said that, when the lawyer’s supervisor suggested after-work drinks, he had replied: “it would be great to see (her) again”.

“I had seen her the week before and we had got along well … we were chatting and she seemed very friendly,” he said.

“I hadn’t really had a chance yet to assess her work, we hadn’t really spent any time together.”

Mr Belperio, who has not been charged with any criminal offence, denies the allegations of professional misconduct. Picture: Russell Millard Photography

He said he knew nothing about the lawyer’s personal life, nor how old she was, and that they “had been holding hands for a little while” before sending a selfie to a mutual friend.

That friend, he said, replied “wanna be ya”, which he “didn’t understand” and the lawyer told him “she’s jealous that I’m with you”.

He said that was their only physical contact until their colleagues left – then he “leaned in” and they “kissed each other … it was on the lips, it was a tongue kiss”.

Just before 10pm, he offered to take the lawyer to Bar Chambers to “show her my bookshelves” before joining his wife, and she “smiled and nodded”.

“We had been holding hands for quite a long time, we had just kissed in public … if she came (to chambers) I did think we might kiss again,” he said.

Mr Belperio said he and the lawyer had kissed, and that he had touched her breast under her clothing, while they sat on couch in his chambers.

The lawyer, he said, had not at any stage, said she wanted to go home nor pushed him away.

He denied switching off the lights in his chambers room, saying it was “not pitch black” due to hallway lights and an outside street light.

“(Afterwards) I asked ‘when can we do this again?’,” he said.

“I felt we’d had a good time together and she seemed happy the whole time … I thought we might do it again,” he said.

“She said ‘when you win me a case’.”

The hearing continues.

Originally published as SA barrister Enzo Belperio takes stand in misconduct tribunal, denies sexually assaulting young female lawyer inside Bar Chambers