Retired Australian who touched buttocks of Cathay flight attendant in Hong Kong is jailed for a week
Peter Amstutz, 60, had pleaded not guilty to one count of indecent assault
A retired Australian woodworker was jailed for one week yesterday immediately after he was convicted of indecently touching the buttocks of a Cathay Pacific flight attendant twice last month.
Peter Amstutz, 60, had pleaded not guilty to one count of indecent assault
Magistrate Rita So Ka-yin dismissed an appeal by his lawyer, Phil Chau, for a financial penalty and said a short imprisonment was appropriate.
Tsuen Wan Court heard that Amstutz touched the left side of the buttocks of the victim, who was named "X" in court for legal reasons, twice as the plane was about to leave Hong Kong for Switzerland on July 14 while X was handling a female passenger's request to change seats. Each attack lasted three to four seconds.
The second attack was witnessed by flight purser Soko Kobayashi. Both X and Kobayashi took the stand.
Analysing the testimony heard during the trial, So said: "The evidence of the two prosecution witnesses was clear and direct. Their evidence was not shaken under cross-examination [by the defence counsel]."
She accused Amstutz, on the other hand, of not telling the truth. He claimed that he only touched the small of X's back to prevent her colliding with colleagues walking behind her along the narrow aisle.
The court heard that there were indeed female flight attendants passing past X when the two attacks occurred.
"According to the defendant, X was standing just immediately next to him, next to his knees, leaning over talking to the passenger at [seat] 43B," So said.
"But the defendant said he did not know or realise where her hands were. And it did not occur to him that he could tap on her hands, to warn her of someone walking past in the aisle. I do not think it is reasonable."
Amstutz could have given her a verbal warning or tapped her shoulder, arm or hand, So added.
The court heard that Amstutz was flying to Switzerland to visit his seriously ill mother, but he was taken off the plane after the attacks were reported to the captain.
