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Andrew Nutter, 52, found guilty of 1991 indecent assault against woman in bedroom

A man has been found guilty of indecently assaulting a woman in her bedroom in 1991 during a break-in.
Andrew Nutter, 52, of Doubleview, stood trial in the District Court this week accused of indecently assaulting the woman in her Balga home in the early hours of January 20, 1991.
Nutter was alleged to have put his hand over the woman’s mouth as she slept while laying on top of her.
Nutter pleaded guilty to breaking and entering the home with intent to commit an offence but not guilty to indecently assaulting the woman in her bedroom.
Late this afternoon after a two-day trial, a jury of eight women and four men found him guilty on the indecent assault charge.
Nutter admitted to breaking into the Balga house that night but said he fell onto the woman’s bed in a “scurry” to get out of the home and only ever put his hand over her eyes.
On the opening day of the trial yesterday the woman, who was 21 years old at the time of the incident, gave evidence.
The woman said she woke up to find Nutter on top of her and pinning her to her bed and his hand over her mouth.
“I was basically pinned down … I woke up to find someone on top of me,” the woman told the court.
“I immediately panicked, I couldn’t really say anything. While struggling with him a couple of his fingers went into my mouth and I bit them really hard.
“He then jumped off me and back out the window.”
Police found several sets of palm prints on the bedroom windowsill and sperm samples on the woman’s nightgown.
Nutter was charged over the incident in late 2012 after his DNA and fingerprints were taken by police on November 26, 2012 and sent off for forensic examination.
Nutter’s defence lawyer Steven Shadgett said his client admitted the palm prints from the windowsill and the sperm samples on the nightgown were his.
Mr Shadgett said his client fell onto the woman’s bed in a “scurry” to get out of the home and only ever put his hand over the woman’s eyes.
“The only contact he has is this scurry to get away,” he said.
“He’s not lying on top of her and holding her down … he admits putting his hand over her eyes but not her mouth.
“It wasn’t for a sexual reason or indecent. Any touching was accidental and him trying to shield her from looking at him.”
Nutter was remanded in custody and will be sentenced tomorrow.

www.news.com.au (27-3-2014)

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