Ex-cop fined for sex at­tack on on­line date

The Weekend Post - - News - ALEXAN­DRIA UT­TING

A QUEENS­LAND po­lice of­fi­cer who stran­gled a woman in her own bed telling her she “looked like a girl who liked to be choked” has been or­dered to pay $5000 in com­pen­sa­tion.

Kurt Alexan­der Nes­terowich, 25, who pre­vi­ously worked as a po­lice of­fi­cer in Cairns, was yes­ter­day sen­tenced in the Bris­bane District Court for the com­mon as­sault of a woman in her Bris­bane home in April 2016.

The as­sault in­volved chok­ing the woman, who can­not be named for le­gal rea­sons, three times and telling her she “looked like a girl who liked to be choked in bed” and that she was a “c---”.

Nes­terowich (above) was charged with two counts of rape and sex­ual as­sault re­lat- ing to the in­ci­dent but was ac­quit­ted of two of the charges in May.

The Of­fice of the Di­rec­tor of Pub­lic Pros­e­cu­tions later with­drew the sec­ond count of rape. De­spite this, Judge Michael Shana­han said he ac­cepted the victim’s ver­sion of events that Nes­terowich had dig­i­tally raped and choked the 29-year-old woman as she lay in bed with him around 2am the day he met her.

The pair had met on the dat­ing web­site Plenty of Fish.

“In my view, the com­plainant’s ev­i­dence should be ac­cepted in its en­tirety as to what oc­curred,” he said.

“The jury ob­vi­ously re­jected your ac­count that this was all con­sen­sual con­tact how­ever they were of the view the crown could not ex­clude hon­est and rea­son­able mis­take of fact in re­la­tion to con­sent …”

Mr Shana­han said it was ag- gra­vat­ing fea­ture Nes­terowich was a serv­ing po­lice of­fi­cer when the of­fences oc­curred.

The court heard Nes­terowich, who pre­vi­ously had worked for the po­lice ser­vice in Cairns, had been sus­pended when charged with rape but was dis­missed from the ser­vice be­fore the trial after be­ing con­victed of pub­lic nui­sance.

Nes­terowich did not have a con­vic­tion recorded and was or­dered to pay com­pen­sa­tion.

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