Sailor nearly lost career over allegations

The case against a naval officer cleared of indecently assaulting a junior female sailor onboard HMAS Success has nearly cost him his career, his lawyer says.

Magistrate William Pierce on Thursday dismissed a charge of assault with an act of indecency against Chief Petty Officer Ralph Weingaertner after he heard evidence the woman had written texts saying she wasn’t sure he “meant” to do it.

The prosecution had alleged that on July 26 last year, Mr Weingaertner lifted the woman up in a storeroom onboard HMAS Success and touched her in the groin area as he set her back on the ground.

The court heard CPO Weingaertner, who denied the charge, had been joking with the woman, telling her she was going to be posted to Perth, and that the two engaged in a “mock fight”, which included the woman pushing him on the shoulder.

Police prosecutor Sergeant Gabrielle Foreman told the court CPO Weingaertner then lifted the woman up and, as he set her down, she felt his hand on her groin and a “thrusting sensation”.

“That’s more than a hand slipping accidentally and momentarily,” Ms Foreman said.

The woman, a seaman who cannot be named for legal reasons, first complained about the alleged incident seven hours later to a male colleague who had also been in the room at the time.

In one text, she wrote, “I don’t know if he meant to or not, but I can’t forget the feeling”.

In another text, having been asked if she believed Mr Weingaertner meant to touch her inappropriately, she replied, “I’m not sure”.

Magistrate Pierce said the court outcome might have been a “different kettle of fish” if it hadn’t been for the texts.

“When she has doubt, it’s very difficult for me not to have doubt,” he said.

Earlier, the court heard the woman was still laughing after Mr Weingartner set her back down on the ground, but she said she stopped after she was initially lifted in the air.

“It was quite absurd to me that it happened. I felt like a child,” she said.

“I became embarrassed it was happening. I knew it was inappropriate.”

Kyle Webb, an able seaman who witnessed the woman being lifted up, described CPO Weingaertner as a “good boss” who was “straight down the line”.

He said CPO Weingaertner’s hand “couldn’t have been more away from her crotch if he tried” as he picked the woman up.

“When I was told this happened, I couldn’t believe it,” AB Webb said.

Another witness, Able Seaman Shannon Morritt, said he did not see where Mr Weingaertner’s hands were when he put the woman down.

The woman was “quite distraught” and crying when she later told him what had happened.

“She basically explained that she was groped,” Mr Morritt said.

Magistrate Pierce found CPO Weingaertner had touched the woman’s groin area as he set her back on the ground, but that it was accidental.

Speaking to media outside the court, CPO Weingaertner’s lawyer, Nick Boyden, said the proceedings had been “extremely stressful” for his client.

“It almost cost him his career,” Mr Boyden said. “He is extremely relieved that the proceedings are over.”

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