Nightclub groper sentenced

Father-of-three avoids jail time over ‘alcohol-fuelled’ sexual assault

Too much alcohol was the cause of a man groping a woman at Gilligan’s Nightclub, a Cairns court has heard.

Derek Ingui, 26, pleaded guilty to a single charge of sexual assault on January 21 this year.

The court was told that Ingui and the woman did not know each other, and at 2.51am he came up behind her and put his hands up her skirt and on her vagina, on the outside of her underwear.

She immediately pulled away and threw her drink at him, the court was told, after which he hid in the male toilets.

The woman identified him to security staff as he was leaving.

Her victim impact statement was tendered to the court.

She was a nurse and well aware of sexual assault, and the assault had a significant impact on her.

Magistrate Terry Brown read a small section of the statement.

“When this did occur on this night I was in disbelief … my blood boiled and I saw red, but then I thought was it my fault because of what I was wearing or how I was dancing?” the victim wrote.

Magistrate Brown said she had become quite self-conscious and scared of going out. Mr Ingui had no history of sexual offending the court heard, but he did have offences of violence and assault on his record.

Police prosecutor Lisa Plessius told the court Ingui had received immediate parole and suspended sentences in the past and they had not deterred him.

“It would be open to your Honour to require a period of actual custody to be served,” she said.

Defence lawyer Jonathan Ide told the court Ingui was in a relationship and had three daughters, and that he had abstained from alcohol since the assault.

“He is taking appropriate counselling to avoid the binge drinking that led to this offence,” he said.

“He has made an early plea of guilty and shown appropriate remorse. It seems to be opportunistic and brief offending, it was on the outside of the clothing, and there was no indication of skin on skin contact.”

Magistrate Brown observed that it would have been very embarrassing if the woman had to give evidence and it was in Ingui’s favour he had pleaded guilty.

“You knew you were in the wrong and you hid in the rest rooms,” he said.

He sentenced Ingui to nine months imprisonment, and ordered him to be released on parole and report to corrective services immediately. A conviction was recorded.