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Prosecutors have withdrawn two charges against actor Craig McLachlan as a contested hearing on alleged indecent assault and assault charges continues in the Melbourne Magistrates' Court.
- Craig McLachlan's lawyer said some of the alleged offending did not happen and denied there was anything indecent about the actor's actions
- Prosecutor Matt Fisher said all the women testified that they did not consent to the alleged physical contact and the alleged actions were not part of the show
- The court heard Mr McLachlan allegedly "forced his tongue" into a colleague's mouth after finding out her husband was not attending the show
Mr McLachlan, 54, still faces 14 charges of indecent assault and assault — including rubbing his penis against complainants, thrusting his groin, grabbing his genitals and kissing them on the mouth and neck.
The contested hearing began in November last year, when four women gave evidence behind closed doors about alleged inappropriate behaviour during the time when Mr McLachlan was performing in The Rocky Horror Show in 2014.
The hearing resumed today to discuss the admissibility of arguments and evidence.
Prosecutor Lachlan Cameron pointed to the "brazenness of the defendant" in taking part in "unscripted" acts during the performance.
While it did "not all occur right in front of the stage" some of the alleged offending could be observed by colleagues, Mr Cameron said.
Mr McLachlan's lawyer, Stuart Littlemore QC, is seeking to have the charges struck out.
Mr Littlemore said some of the alleged offending did not happen, while in some instances if there was physical contact it was consensual.
He also denied there was anything indecent about Mr McLachlan's actions.
Mr Littlemore described the prosecution case as "incompetent" and "invalid", rejecting assertions by prosecutors that Mr McLachlan's actions were brazen, when some acts took place away from where an audience might see.
Prosecutor Matt Fisher told the court all of the women testified that they did not consent to the alleged physical contact by Mr McLachlan, and the alleged actions were not part of the performance.
He's seeking to rely on "tendency" evidence in an attempt to demonstrate a pattern of behaviour by Mr McLachlan in four of the 14 charges.
Mr Fisher also made submissions on Mr McLachlan's intent, giving the example of when the actor asked one colleague on two occasions if her husband would be attending the performance.
On the night he was told the woman's husband would not attend, Mr McLachlan "forced his tongue" into his colleague's mouth, the court heard.
"She was not happy about it, it was not consensual … it was an indecent act," Mr Fisher said.
Mr Fisher also rejected claims by the defence that when Mr McLachlan kissed another colleague in her dressing room, it was part of the "demonstrative" nature of interactions within the staff of the show.
Magistrate Belinda Wallington is set to rule on whether he is guilty or not next month.
Defence lawyers will continue to outline their evidence when the hearing resumes in April.
Topics: courts-and-trials, law-crime-and-justice, crime, theatre, sexual-offences, melbourne-3000, vic
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