A former spy agency staffer accused of indecently assaulting six Canberra clothing shop attendants on an alleged multi-day crime spree is set to again defend his innocence.
Jordan Styche, 30, was acquitted of 10 counts of committing an act of indecency in late 2022, relating to allegations he sexually touched his erect penis or a concealed "phallic" sex toy in front of the female workers.
However, following a successful ACT Supreme Court appeal led by the territory's acting Director of Public Prosecutions Anthony Williamson SC, Styche's case is set to be re-heard.
The man was fired from his job with the Australian Signals Directorate in 2020 after being charged and, in response, applied for an unfair dismissal remedy with the Fair Work Commission the following year.
That application, in which Styche is seeking reinstatement, was stayed last year due to the prosecution appeal.
In a judgment published on Wednesday, Justice Verity McWilliam allowed the appeal against Styche's acquittals and remitted the case back to the Magistrates Court for re-hearing.
The judge found magistrate James Lawton had given inadequate reasons for his findings.
Styche's alleged offending spree is said to have started in October 2020, when he is accused of separately asking the multiple clothing shop attendants if he could try on tight pants for an 80s themed party.
On each occasion, Styche allegedly asked the women to help him with advice on how the pants looked while touching his erect penis or what one worker described as "an extremely large - almost dildo or toy type prosthetic".
"Can you see it more now or is it less noticeable," he allegedly asked one worker, referring to his erect penis.
He allegedly apologised to another woman "whilst stroking, rubbing and grabbing his penis" outside a changeroom for several seconds.
Again wearing tights, Styche is accused of standing over another crouching worker while touching and referring to his erect penis. The woman described it as being "right in [her] face".
"He said that he could see that he was making her uncomfortable and smirked," the judgment said, recounting that woman's evidence.
The stores in question were located inside the Canberra Centre, the South Point Shopping Centre and the Canberra Outlet Centre. Security was called on one occasion and Styche was asked to leave.
Justice McWilliam's judgment found the sentencing magistrate did not direct his attention to the totality of the alleged conduct that was the subject of the act of indecency charges.
"It is understandable why an approach which grouped the conduct and complainants together may have seemed attractive," she said.
"But in this case, it has been the undoing of the reasons in terms of their quality and the exposition of the reasoning."
The judge said Mr Lawton inadequately resolved the "critical factual conflicts" between what the six complainants he described as "honest and reliable" had claimed, and Styche's account.
Justice McWilliam ordered the case to be re-heard by a different magistrate.
"The proceedings should be remitted to a different magistrate given the nature of the error and to avoid any apprehended bias arising from the fact that the magistrate had already expressed a concluded view of the facts," she said.
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