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The Canberra Times
The Canberra Times
Tim Piccione

Ex-Navy bum-slapping sexual assaults of teen co-worker 'disgraceful': court

A former longtime Australian Defence Force member's repeated sexual assaults of a teenage co-worker have been described by a court as "disgraceful".

While that man claims he believed the criminal conduct was "playful teasing and mucking around", magistrate Roger Clisdell accepted that did not match the young victim's experience.

"She was just so scared she tolerated what was happening," Mr Clisdell said about the girl, who was under the age of 18 during the offending.

Damien Paul Gardiner faced Queanbeyan Local Court on Monday after admitting to a single charge of sexually touching another person without consent.

Before the 51-year-old man was handed an 18-month community corrections order and 100 hours of community service, the court heard he had served 21 years in the Royal Australian Navy.

Sometime after being medically discharged in 2016, he began working at the business where his criminal behaviour eventually occurred.

Damien Gardiner arrives at Queanbeyan Local Court on Monday. Picture by Tim Piccione

His charge relates to what the court heard were bottom slapping assaults that took place regularly at a business outside the ACT.

Court documents reveal the behaviour also occurred two or three times outside the workplace.

"Yeah, I was just mucking around and that was a bit old school and inappropriate. I did not intend to hurt her," Gardiner told police earlier this year.

In contrast, those court documents state: "The actions of the accused continued to cause the victim great concern and made her feel increasingly uncomfortable."

Gardiner was eventually fired as a result.

Damien Paul Gardiner, who was sentenced on Monday. Picture by Tim Piccione

The magistrate said the inappropriate conduct likely continued for as long as it did because Gardiner thought it wasn't "anything other than a peculiar form of mateship" reportedly common during his Navy days.

"He has now ruined that good reputation in the worst possible fashion because he's now going to be a convicted sex offender," Mr Clisdell said.

Defence lawyer Allara Freedman described the assaults as mimicking the behaviour of athletes "on a footy field" rather than being for sexual gratification or control.

"There's a huge difference between tapping a teammate on the backside after scoring and patting a girl on the buttocks who is your co-worker," Mr Clisdell said during his sentencing remarks.

Ms Freedman said her client "looks back in genuine devastation at the pattern of behaviour".

"He feels immense shame and regret from his actions," she said.

A prosecutor said the offending was carried out by someone "in a position of authority" because Gardiner was an adult with much more experience in the workforce.

The magistrate convicted Gardiner and issued him with an apprehended personal violence order, under which he cannot contact the victim by any means other than through a lawyer.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; Bravehearts 1800 272 831; Blue Knot Foundation 1300 657 380.
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