The Moorgate firm funded a free bar at ‘Swingers’, in the heart of the Square Mile, where business development director Michael Swain, 35, drank heavily along with his colleagues, Inner London Crown Court heard.
When they continued drinking at the nearby ‘Slug & Lettuce’ pub he came behind the 23 year-old trainee, put his hand between her legs and groped her bum.
Swain, of Valkyrie Road, Westcliff-on-Sea, Essex had fought the case for four years, but after two hours of damning evidence changed his plea to guilty of one count of sexual assault at the City pub on September 13, 2019.
“She felt somebody grab her bottom, coming from underneath and his hand was between her legs,” said prosecutor Fer Chinner. “She saw that it was this defendant who touched her.
“She was in shock and said: ‘He’s just grabbed my bum.’ She was angry and was seen crying and went to the Ladies to calm down.”
When she reported Swain to her bosses the following Monday he remained with the company after apologising during disciplinary proceedings, but she was so upset she resigned.
“She had been with the company for four months and Swain was known in the company to be a top performer, bringing in big revenues,” the prosecutor told the jury.
“There was a free bar there, funded by the company, and by all accounts people were taking advantage and drinking quite a lot of alcohol.”
The company even had a beer tap in their office and enjoyed celebratory ‘Friday Shouts’ drinking sessions, congratulating staff for achievements during the week.
“They split into team to play golf and a colleague of Swain noted he ‘did not seem himself’ putting it down to also getting drunk the night before.”
Swain later told police he had attended a charity function the previous evening, followed by a trip to the casino, where he won £6,000, bought everybody drinks and had only two hours sleep that night.
Swain’s golf team included the complainant and another woman. “They were drunk, all of them. They had all been drinking,” explained Ms Chinner.
“This defendant asked the other woman: ‘Can I touch her inappropriately?’ referring to the complainant and then told the trainee herself: ‘She says I can’t touch you inappropriately.’
“The complainant put this down to being drunk and carried on and felt nothing of it.
“He then told her: ‘I’m going to take some cocaine,’ and offered her some, but she declined.”
At around 5.30pm a group of 15 went to the ‘Slug & Lettuce’ and continued drinking.
“Swain was noted to be more drunk than the others and a colleague saw him grab another woman’s bottom and when she moved away he apologised and backed-off.”
Half an hour later the complainant was chatting to colleague Thomas Brook, when she felt Swain grope her from behind, the court heard.
“He got more intoxicated as the day went on,” Mr Brook told the trial. “I could see him stepping backwards and his hand coming away from her bottom.
“Initially there was a shock factor to it.”
The trial heard Swain was known as a “high flier” who “brought huge amounts of money into the company.”
Mr Brook agreed. “It is known within the company who the fast progressing members of the team are and who were bringing in large sales.”
Another colleague confronted Swain, saying: “You just assaulted her,” and the defendant replied: “Sorry. I f***ed up,” the jury were told.
“When she returned from the Ladies Swain apologised and she complained to HR and during disciplinary proceedings this defendant wrote a letter of apology to her.
“He wrote that he had little memory of the incident and was disappointed with himself.
“He was allowed to stay on and the complainant was very uncomfortable because Swain did not seem to stick by his apology and she handed in her resignation.”
Another colleague David Igbinovia told the jury: “I saw him with his hand. It definitely contacted the backside, the bum.
“She was mortified, absolutely shocked and I was as well. I said: ‘Michael, what the f*** are you doing? We are family here. You just assaulted her.
“She went to the toilet and she was in tears at that point and he said: ‘I’m sorry. I f***ed up.’
“She was quite concerned about reporting this, with him being so high up in the company.”
Swain was questioned by police two weeks later and denied ever offering the young woman cocaine. He also said he was still drunk from the night before when he began drinking again.
“He accepted he touched her bottom through drunken boisterousness and it was not a sexual thing,” said Ms Chinner.
After Swain - who is no longer with the company - changed his plea to guilty Judge Jane Rowley bailed him until May 25 for sentencing, announcing: “I will be considering all options, including imprisonment.
“There may be other options. We need to see why he behaved this way because there is nothing to suggest he has done anything like this in the past.
“The complainant has waited months, years to give evidence due to the initial not guilty plea and I would appreciate a victim impact statement.”
No comments:
Post a Comment