Waiting game for retrial
THE retrial of rally driver Ross Dunkerton for an alleged offensive common assault was adjourned yesterday.
After a daylong hearing at Cairns Magistrates’ Court, Magistrate Kerry Magee reserved her decision for a date to be confirmed.
Mr Dunkerton was last year granted a retrial for allegedly pinching the bottom of neighbour Judy Hope in 2016.
The court heard the pair had between eight and 10 social interactions over six years.
The alleged pinch occurred at Ms Hope’s house in October 2016 when they discussed her sick fish.
“It is not objectively reasonWHILE able for Mr Dunkerton to conclude that Ms Hope was consenting to being pinched or groped on the buttocks,” prosecutor Steven Baso said.
Defending barrister Craig Eberhardt said the crown could not discount that Mr Dunkerton’s actions were not “an honest mistake”.
The court heard Ms Hope had nuzzled Mr Dunkerton’s neck during a slow dance and on another occasion had kissed him on the cheek.
“It would be reasonable to view her behaviour as flirtatious,” Mr Eberhardt said.