The Moorgate firm funded a free bar at crazy golf venue ‘Swingers’, in the heart of the Square Mile, where business development director Michael Swain, 35, drank heavily along with his colleagues.
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 - having groped another woman’s rear earlier.
“It is almost a Boris Johnsonesque defence,” said Inner London Crown Court Judge Jane Rowley last week. “We are loaded with money. It’s just a bit of slap and tickle.”
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.
However, he kept his job with the company, which had a beer tap installed in their office and where he was known as a “high earner”, making it impossible for the young woman to remain.
“It’s a man’s world isn’t it?” added the judge. “It is sad that he is still in denial. He still says it was not a sex assault, not sexually motivated. Men like him don’t appreciate the gravement.”
When she reported Swain to her bosses the following Monday he remained with the company on a final warning after apologising during disciplinary proceedings, but she was so upset she resigned.
He had been married to wife Claudia, who supported him in court, for twelve months when he committed the offence.
“He’s been married a year and he is sexually assaulting a woman,” said Judge Rowley. “He is there groping women. Good luck to his wife, people like that don’t change their spots.
“I can understand why she didn’t want to stay with this gentleman Lording it up over her, after sexually assaulting her.”
Prosecutor Catherine Donnelly told the court: “She had been there four months as a trainee and as a result had to leave the company because he was kept on.
“There had been daytime drinks and they went to crazy golf. He had been out drinking the night before at a casino, where he won £6,000.
“They were all drinking, including the complainant and Mr Swain asked a female colleague, referring to the victim: “Can I touch her inappropriately?” while playing crazy golf.
“He told the complainant: “I can’t touch you inappropriately,” and the two woman put it down to him being drunk.”
The victim says she refused Swain’s offer of cocaine, but he insists this did not happen.
“Fifteen work colleagues went to the ‘Slug & Lettuce’ and the complainant saw Mr Swain grab another woman’s bottom and half an hour later felt someone grab her bottom and a hand between her legs.
“She was in shock and said: ‘He’s just grabbed my bum,’ and Mr Swain said: ’Sorry, I’ve f***ed up.’
“During the company’s disciplinary proceedings Mr Swain wrote her a letter of apology, claiming he had no memory of the event and was ‘shocked and upset’ with what he had been told.”
When later questioned by police Swain told officers: “If I touched her bum it was due to drunken boisterousness.”
In her victim impact statement the young woman said she worked in a junior role. “Mr Swain was one of the high earners, who brought a lot of business to the company and that’s why he did not lose his job.”
She was unable to find a similar job in the industry and abandoned her career plans in London. “I don’t think Mr Swain has any idea of the consequences of his actions and the impact it has had on my life.
“The fact Mr Swain remained there shows they have placed the financial benefits Mr Swain brings above their moral obligations to me and other female staff members.”
Judge Rowley said: “There are aggravating factors here. He has a previous conviction for failing to provide police a specimen when stopped driving and people like that see themselves above the law and I see a link.
“This defendant arrogantly pleaded not guilty in the face of so many witnesses who saw what he did and that arrogant way of thinking has carried over.
“The arrogance of the man, he had the choice of a police caution and he turned it down. He was a foolish man not to take that caution and it is going to cost him a lot.
“The taxpayer should not pay a penny towards this man’s foolishness of trying to defend the undefendable.”
Swain’s lawyer Sue Obeney said: “He does not come across as an arrogant man. He admitted as soon as this happened that he behaved badly.
“It was a one-off under the influence of alcohol, boisterous behaviour. There is a culture at that company that does not do anyone any favours if they have an alcohol problem.”
Swain is no longer with the company and has set up a recruitment firm and has sought counselling.
Yesterday, (Monday) he was sentenced two two years imprisonment, suspended for two years, ordered to pay £2,500 costs and £500 compensation to the victim.
Swain must also sign the sex offenders register for two years; attend thirty-five days of the Horizon sex offenders programme and complete thirty days of a rehabilitation activity requirement.
Judge Rowley told him: “On that day you were the worse for wear for drink and in front of others groped another woman before turning your attention to the complainant.
“You grabbed her between the legs and two colleagues saw you. She was in shock and cried immediately.
“At the time you acknowledged you did wrong and apologised, saying you did not know what came over you.
“The following Monday she complained to HR and you wrote a letter of apology and money talks and is more important than moral values as eloquently expressed by the complainant.
“There was a big difference in the power and influence you held in that organisation and unsurprisingly the victim left the company and the career opportunity she had.
“The impact on her was great and the pre-sentence report says you are unable to fully accept what you did and in February, 2020 you pleaded not guilty in the face of overwhelming evidence.
“There was humiliation of her. She was drunk and vulnerable and you were in a position of responsibility over her.
“There was a hierarchy and you were over her.”
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