‘Fanciful’ claims or sexual assault? Jury to decide fate of WA outback pub manager

2 hours ago 1

The jury has retired to deliberate in the trial of an outback WA pub manager who is accused of sexually assaulting his staff, after lawyers delivered their closing arguments on Wednesday.

The 12-person jury has been asked to determine verdicts on 13 charges against Stewart Patrick Burchell, the former manager of the Roebuck Bay Hotel in the tourist town of Broome, after an eight-day trial in WA’s District Court.

Stewart Burchell walks up the steps of Broome Courthouse last week.

The complainants are six women, and include a skimpy bartender, a manager, two bar staff and two security guards.

Judge Belinda Lonsdale has previously ruled there was no case to answer on two charges of indecent assault, and acquitted Burchell of just those two offences.

As a result, the jury – made up of five women and seven men – must determine Burchell’s guilt on the remaining 12 charges of indecent assault and one count of rape.

Defence lawyer Alexander Mossop told the jury they were not to judge Burchell for his role in hiring of skimpies, judging the local wet T-shirt contest, or allegedly sleeping with an employee.

“This is not a court of morals,” Mossop said.

“Mr Burchell is not on trial [for those things].”

Mossop said all six complainants had been inconsistent in their testimony, and in some cases, embellished.

He told the jury it was up to them to determine if some complainants had an axe to grind, “or whether they are motivated by getting something for themselves”.

Mossop said the prosecution had failed to produce any witnesses to any of the alleged acts, and the complainants had weaknesses across their evidence.

He said it was difficult to understand how many of the women acted following the alleged sexual assaults, which included continuing to work at the Roebuck Bay Hotel and choosing to be alone with Burchell occasionally.

Mossop ultimately said the women’s testimony was “fanciful in the extreme”, and “Twilight Zone stuff”, with very little corroborating evidence.

“He’s not on trial for working at a venue with a wet T-shirt contest, or ... at a place that hires skimpies,” said.

“He’s not on trial for having sex with an employee.”

State prosecutor Gary Huggins also delivered the prosecution’s closing arguments on Wednesday.

“Burchell’s conduct toward all of the complainants … very clearly demonstrates, the state suggests, Burchell had a sexual interest in adult women who were known to him due to their employment,” Huggins said.

“He acted on that sexual interest in circumstances that were undoubtedly brazen … [on occasion], happening in the pub itself.”

He said the women had all been credible witnesses, and rubbished Mossop’s previous suggestion the complainants had conspired to sue to the Roebuck Bay Hotel.

“It is an exercise in mud-slinging,” Huggins told the jury.

Huggins also said Burchell’s evidence while on the stand had been revealing about the former pub manager’s view of his actions.

“Burchell denied any wrongdoing on his part. It was a complete denial,” he told the jury.

“He attempted to distance himself as much as possible … he simply tried to put blame for everything onto the complainants.”

Lonsdale also delivered her directions to the jury on Wednesday, warning them to be thoughtful about their verdicts.

The jury will deliver their verdict at a later date.

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