By CAMERON LUCADOU-WELLS
A LONELY delivery driver’s “bad joke” at a Lyndhurst service station landed him with an assault charge.
Anthony Busutti, 66, of Clayton, grabbed a female staff member’s hand at a Lyndhurst servo in December as she walked towards the toilets, dragging her towards the men’s room.
Dandenong Magistrates’ Court was told that when she broke free, the man told her he would try harder next time.
Police alleged that within a week after the incident, Busutti said to the staff member when she approached to tell him there was a problem with a bowser: “You just want me to stick it in”.
Police dropped original charges of indecent assault and aggravated assault against a female, leaving one count of unlawful assault for the first incident.
After hearing the police prosecutor’s brief, Magistrate Greg Connellan said: “This doesn’t strike me as just an unlawful assault”.
Busutti’s defence lawyer said his client was once a regular customer at the service station, and on “quite familiar terms” with the servo staff.
“He was taken aback by her response because it was a joke from his perspective. He was shocked that (after the incident) she refused to serve him.
“He concedes on this occasion he overstepped the line. It was a bad judgement call.”
Magistrate Connellan was concerned that Busutti, a divorcee for five years, lived alone and offended “in this way”.
“I think there’s a problem in this matter. It’s put there’s an aggravation here because the assault was on a female and a general deterrence should apply because of it.
“But the charge of aggravated assault and indecent assault were dropped. I’m left with the implication that it was a bad joke by a man who is socially isolated.”
Busutti, a first-time offender, was given a $500 fine and a 12-month good behaviour bond.
