Masseur fails to clear name after sexual assault of teen
A Brisbane masseur who sexually assaulted a teenage schoolboy during a massage has failed in his bid to overturn his conviction in the state's highest court.
The Court of Appeal has ruled that Peter Archibald Spreadborough's conviction for stroking the boy's genitals during a massage in August 2016 should stand because no legal error had occurred.
The boy's mother took him to Spreadborough to treat his back pain, and left him alone with him while she ran errands.
When they returned home the boy became very upset and cried, telling her what he had done, the court heard.
Spreadborough was convicted of the 2016 sexual assault of the 13-year-old boy by a jury in August last year.
The same jury acquitted Spreadborough of another charge of sexually assaulting of an 11-year-old boy, also during a massage in July 2016.
Spreadborough's barrister Matt Jackson submitted that the District Court trial judge should not have allowed him to face trial on two charges of indecent treatment of a child related to two victims, and instead should have allowed him to face two separate trials.
But in a unanimous decision handed down on Friday by Justices Walter Sofronoff, Anthe Philippides and Peter Davis, they rejected this submission.
Mr Jackson also complained that the prosecutor had unfairly said to the jury in his closing address: "Mr Spreadborough is gay, of course. There's no issue with that".
Spreadborough gave evidence saying he did not have a husband or a partner and he neither admitted nor denied that he was gay, the court heard.
The appeal court judges rejected the claim that the prosecutor's statement could have caused Spreadborough any prejudice or a miscarriage of justice.
Originally published as Masseur fails to clear name after sexual assault of teen