Queanbeyan man escapes jail sentence for repeatedly slapping teenage colleague over two years

A former shop assistant who pleaded guilty to sexually touching a young colleague over a two-year period avoided a prison sentence today after being sentenced in the Queanbeyan Local Court.

Charges were brought against 50-year-old Damien Gardiner after the girl eventually went to the police with her mother.

According to court documents, Gardiner would smack her on the bottom whenever he saw her working in the store, stocking shelves or checking inventory, or when she turned her back to him and didn't see him coming.

During this time, the girl is estimated to have worked more than 100 shifts at Gardiner.

The documents also show that Gardiner treated the girl the same way on several occasions when he saw her outside of work hours.

The charges date back to when she was 16 years old.

Gardiner told police he didn't mean it that way.

“I didn't mean to hurt her.”

The girl told police that she felt increasingly uncomfortable but hesitated to report the behavior.

Court hears: perpetrator did not know that the victim was feeling unwell

Prosecutors said in court that Gardiner exercised authority over the girl.

The court concluded that his actions were not trivial but deliberate and had a profound impact on her.

But Gardiner's lawyer Allara Freedman said in court that her client was not aware of the consequences of his actions.

“He was not aware that she was unwell.”

She told the court that he was a “devoted family man” and a “gentle and respectful person.”

Ms. Freedman said Gardiner had been in the Navy for decades before his discharge and enjoyed working in the shop because it reminded him of his time in the Navy because of the “camaraderie, fun” atmosphere.

She said he was ashamed and embarrassed by the consequences of his actions.

“Ruined this good reputation in the worst possible way”: Judge

Judge Roger Clisdell said it was difficult to understand how Gardiner did not realise in this day and age that his actions were wrong.

“Mr Gardiner's conduct was scandalous and he was broadly acquiescent with it,” said Judge Clisdell.

He noticed that some people on the sports field used such gestures and said the difference should have been obvious.

He also acknowledged Gardiner's previous good character, saying: “Now he has ruined that good reputation in the worst possible way.”

“He thought there was a friendship,” said Judge Clisdell.

“There wasn't one. She was just… terrified.”

Gardiner was given an 18-month suspended sentence to serve his sentence in the community.

He must also complete 100 hours of community service.

Gardiner has also been instructed not to approach the victim or anyone associated with her.