Kapiti Coast district councillor David Scott will be forced to vacate his council seat if his conviction for a sex offence survives an appeal.
The conviction was entered against 71-year-old David Scott, in the Wellington District Court yeterday on a charge of indecent assault.
It related to an incident in April last year, where he rubbed his genitalia against a council staff member while she was speaking to the Mayor during a council morning tea.
A jury found Scott guilty after a four-day trial last month.
Scott was fined $1500 and issued a first warning under the three strikes law.
The victim read a statement to the court outlining the effect Scott’s offending had on her, but Judge Peter Hobbs suppressed all details.
Defence lawyer Mike Antunovic suggested the entry of a conviction against Scott was punishment enough.
However Judge Hobbs said there were several aggravating features to the offending, including that Scott was an elected official and the victim was a senior member of the council staff who could expect to be treated professionally, and with courtesy and respect.
“You have fallen well short of that. You have breached trust in a workplace where all staff were entitled to feel safe from such behaviour, particularly from those in positions of power and responsibility.”
Crown prosecutor Kate Feltham conceded the offending was not the most serious of its kind and accepted a community-based sentence would be appropriate.
“The Crown accepts it was at the lower end of the scale, brief and over clothing but it involved a breach of the position he [held] and had a serious effect on the victim for the reasons she has articulated today.”