An Adelaide Festival actor claims he has no memory of inappropriately touching a female passenger several times while she was asleep during his international flight to Australia.
The exiled Belarusian actor will have to stay in Adelaide for another month as he seeks medical reports to try and prove he has no memory of his crime.
Aleh Sidorchyk, 61, pleaded guilty in the Adelaide Magistrates Court to committing an act of indecency on another person without her consent on a Malaysia Airlines flight on Sunday, February 26.
The Belarusian actor — who was travelling to Adelaide to perform in the production Dogs of Europe — put his hand on the woman's upper thigh several times while she was asleep in her seat next to him on the plane.
The court heard the victim believed the touching was sexualised and she felt uncomfortable and scared, with flight attendants helping her move seats on the plane.
Sidorchyk apologised to his victim through a letter, saying he was "very embarrassed" by his actions on the plane.
"I'm very regretful and I blame myself that I caused your fears and I plead with you to forgive me," the court heard through an interpreter.
Sidorchyk's lawyer Tony Kerin told the court his client had no memory of the event due to the 36 hours he had spent on flights, his post-traumatic stress disorder and the drinks he had consumed before and during the flight.
He asked the court to spare his client a conviction for the crime.
"His recall is waking up and the seat next to him was empty," Mr Kerin said.
But Magistrate Ben Sale said he did not accept Sidorchyk had no memory of his "criminal behaviour" and said it seemed a convenient excuse so he could leave the country on Tuesday morning, as planned.
"I've heard nothing that makes me think that he would have no memory of these events," he said.
"It's not lost on me that if the defendant travels internationally then he would be in a position, within even the next 24 hours where there may be somebody who's vulnerable … sitting next to him on a long-haul international flight.
"I don't accept that post-traumatic stress disorder and three whiskies obliterate his memory of quite conscious willed acts committed with recklessness as to consent.
"This is sort of underhanded behaviour with a sexual connotation committed against a woman who is obviously asleep and I am deeply troubled by your client's failure as I see it to grapple with his motivation."
Magistrate Sale said he was considering jailing Sidorchyk and asked his lawyer if he wanted an adjournment to seek more detailed instructions and medical reports to back up his claims.
"I take the view that it's simply the easy way out," he said.
"It just seems to be a convenient ploy not to deal with it so unless I hear further explanation, I'm going to sentence him on the basis that I've really heard no plausible explanation for his offending and he's shown very little insight."
The matter has been adjourned for a month so Sidorchyk's lawyer can seek medical reports about his mental health.
The exiled Belarusian actor has lived in London since about 2011, when the opposition government he supported lost the election.
The court heard he had been a political prisoner, had been beaten by guards and had lost two sons.
After Sidorchyk was charged, he was replaced in the Adelaide Festival production with the season ending on Monday evening.
The court heard his accommodation will not be extended beyond Tuesday so he will be required to report to the Hindley Street police station twice a week as part of his bail agreement.
The matter returns to court next month.
