ABC News: West Matteeussen
)A former Qantas flight attendant who touched the breast of a junior colleague and exposed himself to her, has been found guilty of two offences and fined $12,000.
John Vatovec, 54, was today convicted of two charges of committing an indecent act against the 21-year-old woman, while they were on their break during a Qantas flight from Perth to Melbourne in April 2019.
Vatovec, who had been a flight attendant for 23 years, was the team leader in the economy section and was on duty with the woman.
He had not met the woman before the flight.
The woman testified that while they were taking their allotted break in seats at the rear of the cabin that were shielded by a curtain, Vatovec touched her breast , unzipped his trousers and showed her his genitalia.
ABC News: Dean Faulkner
)Vatovec admitted the acts, but claimed the woman had repeatedly made sexually explicit remarks to him which he thought was "a come-on".
He also testified his actions were the result of "a chemical imbalance" at the time.
In her decision today, Magistrate Brie Ayling said she was "not inclined" to believe Vatovec when he said the woman had instigated the sexual comments.
Flight attendant 'didn't consider consent'
Magistrate Ayling said it was "not logically reasonable" that a junior employee would speak in such a sexually explicit way to a senior colleague.
She found that while there was some conversation of a sexual nature, she was not prepared to accept it was as explicit as Vatovec claimed.
The court heard Vatovec did ask the woman if he could touch her breast, but he did not wait for the answer.
Magistrate Ayling said Vatovec also did not have the consent of the woman to expose himself to her.
"He didn't consider whether she wanted him to touch her breast or show her his penis," she said.
"He simply didn't turn his mind to her consent.
"It is the very illustration of recklessness."
Magistrate Ayling said the woman's version of events was bolstered by the fact she immediately complained to another flight attendant, and after the plane landed, reported what happened to a Qantas manager.
In deciding that a fine was appropriate, Magistrate Ayling said the offences were opportunistic, not planned and had lasted only a few seconds.
She also accepted Vatovec was of prior good behaviour.
Employment terminated
In December last year, Qantas issued a statement saying it conducted a workplace investigation at the the time the matter was reported, and Vatovec's employment had been terminated.
"We have zero tolerance for any form of harassment," the statement said.
"Everyone has the right to feel safe and respected when they come to work."
