Too ‘hands-on’

By Kath Gannaway
A LAUNCHING Place man described by his barrister as “a hands-on manager” was fined $1200 on an indecent assault charge in Ringwood Magistrates’ Court last week.
Magistrate William O’Day fined Ian Robert Hudston, 43, without conviction on one count of the indecent assault of Warburton woman Karen Grulke.
Hudston had entered a ‘not guilty’ plea to the charge, which related to an incident five years ago.
Ms Grulke gave evidence that she and her partner Steven Willmette gave Hudston a ride home from a work Christmas party on 17 December, 2005 and that Hudston indecently assaulted her during the journey from Seville East to his home in Launching Place.
The court heard that Hudston, business development manager with Martyrs Bus Company in Warburton, and Mr Willmette, a bus driver with the same company, were significantly affected by alcohol when they left a Seville East winery at around 11pm.
Ms Grulke was the designated driver.
Ms Grulke stated that with Willmette asleep in the front, Hudston moved to the centre of the back seat and grabbed at her breasts.
She said this was despite her consistent and vocal objections, telling him to ‘F— off” and pushing him away with her elbow.
“I was screaming at him to stop … yelling at him to stop,” she told the court. “But he just kept going, grabbing me, sticking his face in my neck and breathing in my ear and his hand came down into my crutch,” she said.
Hudston denied that the events occurred. He told the court the journey was uneventful, and that he and Mr Willmette had been chatting and talking during the trip.
He denied that he made an apology to Ms Grulke in the week after the incident.
Magistrate O’Day, in handing down his decision said he found the case against Hudston proven, despite the fact that there were no admissions made in a ‘no-comment’ police interview, and that he had pleaded not guilty.
He dismissed accusations by the defence that Ms Grulke had brought the charges because of a dispute between Mr Willmette and Martyrs and said Ms Grulke was a credible witness.
“While she was emotional, I am satisfied that the evidence was accurate and was given by a credible witness in a coherent, logical way,” he said.
Defence counsel Tony Trood argued that a conviction could affect Hudston’s work with the bus company, which required him to have Working With Children and Transport Act accreditations.
“His position is managerial, but it is hands-on managerial,” Mr Trood said, explaining that Hudston on occasion was required to drive buses.
Magistrate O’Day accepted Hudston’s behaviour was an isolated incident and said he was held in high regard by his employer.
“This in no way takes away from the seriousness of the activity, but there is his prior good behaviour,” he said.
Hudston was fined $1200 without conviction.
Ms Grulke told the Mail while she believed a conviction was warranted, she was pleased Hudston had been held accountable.
“Most victims of this type of behaviour never speak up,” she said. “This holds him accountable for his appalling actions.”