четверг, 1 марта 2012 г.

Fed; Naval officer loses appeal over penis groping


AAP General News (Australia)
08-22-2001
Fed; Naval officer loses appeal over penis groping

By Royal Abbott

MELBOURNE, Aug 22 AAP - An Australian navy officer today lost an appeal against his
conviction for sexually molesting a sailor during an exercise at sea.

In the original case, the Defence Force Magistrate heard a complaint that Able Seaman
Craig Rowden had woken to find Lieutenant Timothy Peter Havord fingering his penis.

The appeal before a tribunal of three Federal Court judges claimed the military court
which heard the charge and subsequently convicted Lt Havord was not impartial and was
biased against the accused.

In its judgment today, the tribunal dismissed the appeal, saying it found no reason
that Lt Havord did not receive a fair hearing.

The offence occurred onboard the HMAS Darwin while it was at sea off the NSW coast
in February last year.

AS Rowden had been on duty for 26 hours and had gone to sleep in the ship's communications
compartment.

He was wearing overalls but no underwear and told the original court martial that as
he awoke, he felt a hand on his penis and saw Lt Havord bending over him.

Lt Havord later e-mailed AS Rowden to apologise for trying to initiate an intimate relationship.

In defence, Lt Havord said he saw AS Rowden asleep with an erection and said: "Rowdy,
I see you are happy to see me".

He claimed both he and AS Rowden were awake and highly aroused.

But when he asked AS Rowden "Can I touch you?", his advance was spurned and AS Rowden
turned away.

This evidence was not impressive, the court martial decided, and Lt Havord was convicted
on one charge of committing an act of indecency.

AAP ra/clr/las/de

KEYWORD: HAVORD

2001 AAP Information Services Pty Limited (AAP) or its Licensors.

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