Posted November 02, 2018 14:58:18 A lawyer is challenging the decision to charge James Pitarro with an aggravated indecent assault against a 17-year-old girl in Adelaide.
Key points:The Supreme Court of South Australia has refused to hear the caseKey points Pitaro’s defence lawyer has been seeking to have his client charged with the offenceA judge said Pitaro was not a sex offenderMr Pitaro will be sentenced in FebruaryJudge Brett Loughran ruled that Pitaro, a former police officer, was not in a position to consent to sexual intercourse with the teenager.
The court said he was not “able to control his actions” and there was no evidence that he knew that the girl was 17.
Justice Loughlan said that despite the fact that the 17-years-old had not given consent, Pitaro could not consent to sex with her.
He also said that the “nature and degree” of Pitaro s behaviour with the 17 year old was “likely to be aggravated”.
“There is no reasonable prospect of conviction on the charge of aggravated indecent abuse and, as such, no reasonable possibility of conviction of an offence under section 14.5 of the Crimes Act 1900,” Justice Loughlin said.
The teenager told police that Pitaros hand was in the air when he asked her to kiss him and said she had to touch his hand to keep him in place.
In a submission to the court, Pitaras lawyer Michael Joyce said his client was “not a sex-offender”.
“James Pitaro has always been fully transparent with his conduct, has a long history of being open about his sexual orientation, and has always maintained that he has been fully truthful with the police, and that he does not regret what he did,” Mr Joyce said.
“He has always given the police all of the evidence they asked for and has never denied the allegations he made.
He has been honest, open, and forthcoming with the court.”
James has never been forced to go to police and he has always made a positive contribution to the investigation.
He is a good man who has done his job and I look forward to him getting the justice he deserves.
“The case is currently before the Supreme Court and the court will decide when it will hear the appeal.
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