Chris O’Brien, former guitarist of Melbourne indie-pop act Alpine, has admitted to sexually assaulting a school girl.
The 38-year-old was initially facing a charge of one count of sexual assault of a child under 16. The charge stemmed from an incident in August 2019, where O’Brien grabbed the bottom of a 15-year-old schoolgirl as she was walking through Melbourne CBD.
O’Brien was granted a diversion by a magistrate after prosecutors abandoned the sexual assault charge against the musician moments before the hearing was due to begin. The teenager involved was reportedly reluctant to give evidence at the court proceeding, police prosecutor Tim Barlow told the court.
“[She] became a little bit overwhelmed with the thought of having to give evidence,” Mr Barlow said.
Diversions are typically granted to first-time offenders with no prior conviction or finding of guilt recorded against them. A diversion must be agreed on by police, and require offenders to comply with court-imposed conditions.
O’Brien will remain on good behaviour until February 2022 and was ordered to donate $1000 to the Centre Against Sexual Assault. The charges against him will be dismissed and he will not have a criminal record.
As Herald Sun report, previous court hearings were told that O’Brien intended to fight the charge with his lawyer, arguing that it was an “accident.”
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“He simply walks past in a crowded street and, in the motion of his arms swinging, has brushed this young girl’s backside,” his former Jonathon Brancato told the court in February.
In addition to his work with Alpine, O’Brien worked as a music lecturer at the Box Hill Institute. He was also an ambassador for Polished Man — a charity working to end violence against children.
Magistrate Duncan Reynolds said that the offence was an “aberration” for O’Brien in an otherwise “excellent lifestyle”. Mr Reynolds noted that O’Brien had written a letter of apology to his victim, that saw him “acknowledge the consequences that have been suffered by the complainant”.
O’Brien was sacked from his lecturing position at the Box Hill Institute, and his Working with Children Check was revoked.
Defence lawyer Carly Marcs said that O’Brien’s mental health as suffered, after police circulated an image of the Alpine guitarist, which led to him being dubbed a “pot-bellied creep” by the media.
“He’s been a citizen, a teacher, a mentor and has a strong background in volunteering,” Ms Marcs said. Whilst acknowledging that he was “putting in the work he needs to do to ensure that no other young girl is ever subjected to this kind of inappropriate harassment on a city street”.
Following the allegations coming to light, former Alpine members Phoebe, Tim, Phil, and Ryan released a statement to triple j, writing “We are deeply concerned and saddened by these allegations.”
“Our thoughts are with those involved and hope all parties have the privacy and support required to deal with this devastating matter,” the statement continued.
The band also confirmed that Alpine “disbanded in 2019 and will not be releasing music or playing shows in the future. It is very disappointing to announce this news in this way to our fans.”