Supermarket bottom-toucher found guilty of indecent assault

A New Plymouth man who touched a Countdown supermarket worker on her bottom has been found guilty of indecent assault.
Roy Mckenzie pleaded not guilty to the charge ahead of a trial that ran for a day and a half in the New Plymouth District Court.

The court heard he had been talking to the anggota of staff about seeing a gay couple on Married at First Sight kissing and touching each other, which he did not think appropriate for the time slot.

With his right arm he reaches around and touches (the complainant) on the bum, Crown prosecutor Jacob Bourke had told the court.

The staff anggota was left feeling shaken, Bourke said, and did not go into work the next day.

Mckenzie had denied the charge.

His defence lawyer, Andrew Laurenson, had said the touching was not assault.

On Tuesday, Judge Gregory Hikaka summed up the prosecution and defence cases for the jury of seven men and five women.

The Crown position is this is quite a straightforward matter. There was touching; it was deliberate; and the Crown point to CCTV in particular.

* Man accused of touching supermarket worker on the backside

The defence said Mckenzie had walked into a perfect storm, Judge Hikaka noted, and they argued that police constable involved was persuaded by the emotion of the complainant.

The defence position was this was not an intentional touching, Judge Hikaka said.

Following instructions from the judge on evidence and law, the jury retired just after 12pm.

About 1.40pm they returned to the courtroom to deliver a unanimous verdict of guilty.

Defence lawyer Andrew Laurenson told the court he would be applying for a discharge without conviction.

Judge Hikaka told Mckenzie his bail would continue until he returned to court on June 16 for a decision on the discharge application and sentencing.


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