Former trainer found guilty of sex assault, jury discharged after stalemate

The Warrnambool County Court jury delivered their verdict in the trial of Craig Thornton, 58, on July 12, 2024, after about seven hours of deliberations.

The two charges relate to the man kissing and touching the 19-year-old woman without her consent.

Jurors persevered for another two-and-a-half hours but were unable to reach either unanimous or majority verdicts on the remaining charges, which included another two counts of sexual assault, intent to commit a sexual offence and abducting or detaining a person for the purpose of sex.

Jurors said in a note to the court they were at a stalemate and wrote: "Can we go home now please?"

The prosecution and defence teams agreed it would be futile to provide a direction to try again and the jury was discharged.

The defence is expected to make an application to the Office of Public Prosecutions to drop the remaining charges.

Crown prosecutor Yildana Hardjadibrata urged the court to remand Thornton in custody until a future plea date.

But barrister Rahmin de Kretser, representing Thornton, said a jail sentence was "not by any means a forgone conclusion" and that he would be making very powerful submissions against such a sentence.

He said his client had attended every court date either in-person or online, and was not a flight risk with Thornton being a New Zealand national who was bailed to live there with a $100,000 surety.

Judge George Georgiou agreed the offending was not the most serious example of a sexual assault.

He said he was not prepared to remand someone in custody who might not ever get jail.

Thornton's bail was extended with the same strict conditions, including the surety and that he not work in a licensed industry.

He will appear in court again on July 19 for a mention hearing.

During the trial the jury was told Thornton could not reasonably believe the alleged victim consented to him kissing her neck and touching her on her breast, as well as over her clothes.

The prosecutor said the woman said "no" and that after the alleged incident she fled home where she was "distressed, crying" and in a state her then-boyfriend had never seen her in before.

He urged the jury to reject Mr Thornton's claims the alleged victim showed her breasts as a birthday present to him.

The prosecutor said the woman told police in an interview she was extremely upset, terrified, disgusted and still in shock.