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Ship's barman jailed for sexually assaulting two female passengers

Ex-cruise ship barman Arturo Campigoti wept after receiving a nine-month jail sentence for sexually assaulting two female passengers.

Campigoti assaulted the passengers -- one a 12-year-old -- after breaking into their cabins at night while they were asleep.

Acting Magistrate the Wor. Kenneth Brown told the Honduran he had breached the position of trust he had on the ship, Meridian .

"All these offences are serious offences,'' he said.

Campigoti was convicted on Friday of four counts -- two of breaking and entering, and two of sexual assault, which involved touching the victims. The offences -- which he denied -- occurred in the early hours of August 3 on Meridian , while it was berthed at Dockyard.

Two further allegations of sexual assault and breaking and entering had been dismissed after the prosecution offered no evidence.

Campigoti, 38, looked shaken as he learned of the conviction through an interpreter, Ms Lucy Brums. As Mr. Brown's words sank in, he leaned forward and dabbed at his face with a white handkerchief.

Mr. Brown said his judgment hinged largely on the credibility of prosecution and defence witnesses who testified during the recent trial.

One of the victims had presented her evidence clearly and thoughtfully, he said.

"I am satisfied from her evidence she was sexually assaulted.'' According to prosecution evidence, said Mr. Brown, the 12-year-old victim's brother chased the defendant who had been sitting on her sister's bed.

He never lost sight of the defendant, who was apprehended.

Mr. Brown said Campigoti gave a "rambling account'' of his movements on that night, and was not a convincing witness.

"He was constantly evasive when questioned directly. Even taking into account cultural and language difficulties and being nervous, he did not strike me, and I observed him closely, as a witness being open and honest in his evidence.'' Mr. Brown did not accept defence arguments that the victim's brother lost sight of the man he pursued.

"Any loss of sight would have been brief.'', Turning to the other counts, Mr.

Brown said the issue of identification by the complainant in this instance was crucial.

He said the victim was clear someone broke into her cabin which had been locked by her husband.

"I am also sure she was sexually assaulted at about 4 a.m.'' Mr. Brown said the complainant was an impressive witness who appeared to have clearly thought about the evidence and what she was saying, and tried to be truthful.

From her evidence, it was apparent she had seen the face of her assailant for "what was considerably more than a fleeting glance''.

Mr. Brown said he was also satisfied there was enough light in the room for such identification.

"I was less than impressed with the defendant as a witness,'' he continued.

"He gave me the distinct impression of not telling the truth, was constantly evasive and rambled.'' Prosecutor Insp. Peter Duffy stressed to Mr. Brown the victims were asleep and at "their most vulnerable''. This increased the gravity of the assaults.

In mitigation, Mr. Ian Kawaley, standing in for Campigoti's defence lawyer Mr.

Rod Attride-Stirling, said the defendant was a "person of previous good character''.

"While the defendant has been on bail he has been effectively detained in this jurisdiction against his wishes. He has been completely penniless and dependent on charity during that period.'' Mr. Kawaley said Campigoti, who does not speak English, had not "been living the life of Riley'' while on bail.

He added Campigoti appeared to have been unlawfully imprisoned during the early stages of this matter, and effectively spent one week in custody.

"His family has suffered considerably and his children have had to be taken out of school.'' Mr. Brown, sentencing Campigoti to nine months on each charge, to run concurrently, told him: "I take into account all the matters stressed by your counsel, and I accept the offences fall at the lower end of the scale.'' But he stressed an "aggravating feature'' was the fact Campigoti was a ship employee.

After the hearing, Mr. Kawaley was unable to say whether an appeal would be launched.