Rio Tinto Wickham miner Leslie Kurt Diamond given warning after being found not guilty of groping teacher

A 36-year-old miner accused of groping a Wickham school teacher after a Christmas party with her partner’s colleagues last year has been warned to “be careful” after being found not guilty of assault. Karratha Magistrate Gavin Maclean took less than an hour to acquit Leslie Kurt Diamond of indecently and unlawfully assaulting the 27-year-old woman. It was alleged that at about 2am on December 5, 2020, Mr Diamond placed his hand on the alleged victim then reached between her legs. Earlier that night, the woman claimed her alleged assailant, who works for Rio Tinto, had also been touching her arm. The court heard evidence from Mr Diamond’s partner, neighbour and a friend during the second day of the trial last Friday who all spoke to his character. The friend, who has known Mr Diamond for 11 years, said he was highly regarded in the community. “He’s respected and very respectful back,” she said. “He’s always been a great friend.” In giving her evidence in November, the alleged victim told the court she was walking home in Wickham with her partner and Mr Diamond when the alleged assault happened. The school teacher said she felt all alone at the time, despite the presence of her partner. “I was so shocked and I didn’t know what to say,” she said. “I just felt very panicked and that I had to leave. I knew (my partner) couldn’t help me at the time because he was quite intoxicated.” The court was shown Mr Diamond’s hour-long video interview after he was arrested at Roebourne Police Station on March 8. During the interview, Mr Diamond said he drank several beers and six shots of absinthe and recalled participating in drinking games. He said he did not remember leaving the party or leaving with anyone but remembered walking home and walking inside. When asked by police if he knew the alleged victim, Mr Diamond said: “I think that’s my friend’s girlfriend.” The alleged victim’s mother, partner, the party host and a Roebourne police officer also gave evidence on the first day of the hearing. In giving her evidence based on a phone call from her daughter after the incident, the mother said the alleged assault occurred under her clothing but the teacher’s evidence claimed it occurred over her clothing. In handing down his finding, Mr Maclean acknowledged the 27-year-old gave credible evidence but found there was significant difference to that of her mother’s, which led to Mr Diamond’s acquittal. “I don’t accept the scenario that she’s mistaken,” Mr Maclean said. “(The victim), I thought, gave credible evidence. (It was) clear she was traumatised in her recollection.” In closing, Mr Maclean told Mr Diamond “that was a bit stupid” and “to be careful”. 1800 RESPECT (1800 737 732)