律師非禮和襲擊之二

Stint on the sex offenders register for City lawyer who racially and sexually assaulted woman at Christmas party

He also poured beer over his victim’s head and called her an “Australian slut”

A high-flying City solicitor, who earlier this month was found guilty of racially aggravated assault and sexual assault, has today been handed a 12-month community order.

Following sentencing at Wimbledon Magistrates, Alastair Main will have to complete 200 hours of unpaid work. His name will be placed on the sex offenders register for five years.

Main — who has reportedly been sacked from his previous job as legal counsel at London-based asset management firm Schroders — also risks being struck off. A spokesperson for the Solicitors Regulation Authority (SRA) told Legal Cheek today:

We are aware [Main’s conviction] and now the court case is concluded, we will seek all relevant information before deciding on the appropriate action.

Main, 35, was accused of pouring a beer over a 27-year-old woman at the London Rowing Club’s 2015 Christmas party in Putney. He was also said to have called her an “Australian slut”.

At trial, the court heard how Maine followed the young woman into the ladies’ toilets, lifted up her skirt and repeatedly slapped her. After “storming out” of the restrooms, he continued to pursue his unnamed victim before apparently giving her another slap on the bum.

The Ashurst-trained lawyer — who accepted that he had followed the woman, but only because he wanted to apologise for pouring beer on her — maintained that the bum slap was “cheeky”. He accepted calling her “a slut” but insisted that the incident was not racially motivated.

Admitted as a solicitor in October 2007, Main was found guilty of aggravated assault and sexual assault earlier this month. He had, until today, been on unconditional bail while pre-sentencing reports were prepared.

Ordering Main to cough up £1,000 in costs and an £85 victim surcharge, Judge Barnes today told him:

I take into account that you have lost your job and cannot work in your chosen sector in future and the impact on your reputation, your family, friends and the public.

The judge said money could not recompense behaviour like this, and that the victim “would like to leave this all behind” and has “moved on”.

Main, whose legal career now lies in tatters, is also subject to a five-year restraining order that prevents him from contacting the victim.

(Legal Cheek Weekly: Friday 27 January)

5個月前寫過這件案: 律師非禮和襲擊, 這律師最終被定罪和判200小時社會服務令, 如果不是律師, 可能已判了監。這判罰也不算太輕, 畢竟被告也有很多求情因素, 他對控罪也沒有完全否認。當然, 在不認罪的情況下經審訊後定罪而判社會服務令, 在香港也時常發生。泡妞不成而老羞成怒, 真有趣, 便要拳打腳踢, 兜頭潑酒? 雖然有醉酒的因素, 也明確顯示這種大男人沙文主義(male chauvism)作祟。

這種泡妞不成繼而動粗的情況說起來像有普世價值, 半個月前香港一宗上訴案情也有相類案情:

THE UNDISPUTED FACTS

3. The victim under Charge 1, Yeung Sin‑yee, was a 21‑year‑old law student enjoying a night out at the Ore‑no Kappou restaurant in California Tower, 32 D’Aguilar Street, Central on 5 June 2015. She was attending a friend’s birthday party and the whole restaurant had been booked out. The appellant, a 54‑year‑old male, had also been invited. At about 9.10pm, the appellant, who was described as drunk and aggressive, approached Miss Yeung and stroked her bare back two to three times. Miss Yeung became upset and started to cry, at which point the appellant grabbed her wrist and said “Drink with me!”. She asked him to let go and told the appellant that she did not drink. In response, the appellant said, “I am not the one who tells you to drink but my friends do”. The appellant was still holding the victim’s wrist at this time and she was crying. She told the appellant to let go and not to touch her again. The appellant eventually let Miss Yeung go and said “Fuck you! Who do you think you are? Don’t drink with me!” Then the appellant threw a glass of wine over Miss Yeung’s head.

4. The incident was reported by Miss Yeung to the police and they arrived a short time later at which stage the appellant was described as smelling of alcohol, being incoherent and staggering. He was arrested by PC 16734 at about 10.05pm and became emotional. He was escorted from the restaurant by three police officers. A friend was also present to assist because of his emotional state. By the time the group reached the roadside, the appellant was yelling and staggering. He shouted to the police officers, “I am your boss. I am the chairman. You do not need to come to work tomorrow.” He was also heard to say “What is your number? I beat the fuck out of you. (I will) fire you tomorrow.” He then tried to break free and kicked out at PC 16197. He also hit the right side of the crotch of PC 16734 and kicked the other escorting officer PC 6994. In order to subdue the appellant, PC 16734 tried to handcuff him and was hit in the lips and abdomen for his trouble. He was eventually handcuffed but only after he was pressed down onto the pavement. As a result of his behaviour towards the police he was arrested for assault police, at which point he became emotional and struggled with the guarding officer.
HKSAR and YEUNG HOI SHAN (楊凱山) HCMA 202/2016

這被告是上市公司達進東方照明前主席, 也曾任葵青區撲滅罪行委員會主席, 幾十歲人對着個做他女兒有餘的法律系學生, 毛手毛腳, 我不明白為何不告他非禮, 起碼有不爭議的證據他摸了受害人坦露的背脊兩三下。這件案上訴駁回之餘, 控方聲言會上訴至終審法院, 因為涉及上訴法院在聽審上訴時接納被告一方呈上新證據, 控方認為這做法犯了重大法律錯誤。我等睇下集。

又是這些飲兩杯助慶的日子了, 講兩句掃興話, 這穿腸物不只危害健康, 別讓它毀了前途。當然毀了前途的人, 又可以有理由再灌幾碗黃湯, 浮一大白了。

恭祝各位從心所欲不逾矩。