A masseur who indecently assaulted a client has been handed a suspended jail sentence and ordered not to practice in the industry for its term.
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Wei Mao, 51, formerly employed at Goulburn’s Wellbeing Massage, pleaded guilty in Goulburn Local Court on Wednesday to one count of assault with act of indecency.
It was also revealed that one month after this incident, in January, Mao, a Chinese national of Goulburn, was charged with sexual intercourse without consent on a male client at the same business. He served four months in jail before the District Court in April handed him a suspended 20-month sentence, conditional on entering a 20-month good behaviour bond. A condition was that he not practice as a masseur during this time.
Business owner Mark Li said he first became aware of the allegation when police came to interview Mao in January.
“We have had policies in place regarding how massages should take place and all staff are aware of this,” Mr Li said in a statement.
“Before employing any staff member, we require a full police clearance, which was done in this case. Mao was dismissed on the day he was taken into police custody.”
Mr Li said Mao would never be employed in the business again.
On Wednesday in court, the accused spoke through an interpreter.
Police facts stated that a Goulburn man paid upfront for 30-minute neck and shoulder massage at the business on December 23, 2017. Experiencing pain in his hip area, he asked Mao for an extra 30 minutes to work this zone. Police alleged when Mao pushed his thumb toward the client’s private areas, the man immediately responded, “nah”.
The massage continued but again, Mao moved his fingers towards the man’s anus. Believing that he would be digitally penetrated, the client again responded, “nah”. Police alleged that shortly after, Mao slipped his hands into the client’s underwear and cupped his genitals.
“No, mate, that’s enough,” the client responded. He paid for the extra 30-minute massage and left “shocked, embarrassed and confused about what had happened”.
Police said at no time did he give consent.
After speaking to his family, the man reported the matter to police on January 12, 2018.
Police investigations followed, but detectives received advice in April from Mao’s solicitor that he did not wish to be interviewed. By this time he was in jail on remand awaiting a District Court appearance for the earlier charge. Police laid the indecent assault charge in May. In court, Mao’s solicitor said while the two charges should have been handled by the court at the same time, the District Court judge was impressed by his client’s level of family support.
He said his client had not breached his earlier 20-month bond and asked that the current matter be also dealt with by way of bond.
Magistrate Geraldine Beattie noted Mao’s guilty plea, but said it was a serious offence.
“That person attended your workplace expecting a service and you behaved inappropriately. On at least two occasions he told you “no” and you continued. It should have been clear that what you were doing was not wanted, but you kept going.”
Ms Beattie said while the January offence was not to be taken into account as an aggravated one in sentencing, because it occurred later, she had to consider the District Court sentence. She noted the judge had taken into account four months already spent in jail after Mao was bail refused.
“Clearly an offence such as this at a place of work has crossed the threshold for a sentence of imprisonment,” she said. “I begin with a sentence of 20 months for this offence, which I’ll reduce to 16 months because of your plea and in light of the District Court sentence, I will suspend it.”
Ms Beattie placed him on a 16-month good behaviour bond, starting July 11. Like the condition of the previous bond, Mao is not to work as a masseur during its term.
Cannabis causes man more pain
The use of cannabis to manage pain has come at a cost for a Goulburn man.
Luke Thomas Tamsett, 28, pleaded guilty to cannabis possession when he appeared in Local Court on Wednesday.
Police facts stated he was a passenger in a vehicle they pulled over for a RBT in Hume Street on June 11. During the test on the driver, officers smelt what they believed to be cannabis. Both men denied there was anything in the vehicle, but complied with a search. At this point Tamsett admitted cannabis possession and offered up a resealable bag from his jacket on the back seat.
He was arrested and later told police the drug was for his personal use to manage back pain from a car accident. The cannabis weighed 18.86 grams.
Solicitor Rod Boyd said his client had suffered a serious back injury last year in the accident. He had spent nine weeks in hospital, two months recovering in bed and four months in a back brace.
“He was firstly prescribed strong opiates and didn’t like the side effects and found cannabis was more effective in managing the pain,” he said.
Mr Boyd said his client realised it was illegal but was unaware there were pain specialists who could recommend alternatives. Tamsett had since sought an appointment. Magistrate Geraldine Beattie noted the guilty plea and Tamsett’s compliance. “I’m pleased to hear that you are seeking a legitimate avenue and have stopped taking cannabis,” she said.
She fined Tamsett $600.