Public servant found naked at colleague’s house

Written By Unknown on Senin, 23 Maret 2015 | 04.30

A former public servant is accused of sexually harassing a co-worker in a case before the NT anti-discrimination commission. Source: News Limited

A FORMER NT public servant was "going through a tough stage in his life" when he showed up at a female co-worker's yard, naked and emotional, the anti-discrimination commission has heard.

Former Treasury policy officer Doug Kerr is also accused of harassing Linda Smyth with a barrage of text messages, and breaking into her house, naked.

Mr Kerr admitted to the tribunal that he was going through "a tough time" and that he had occasionally fallen asleep naked in a chair in the backyard, but said he had no recollection of showing up naked in the front yard.

"It was a while ago and it was all pretty weird stuff," Mr Kerr said of his behaviour.

"I've certainly thought about it, and it was a bit weird."

The hearing also heard that Ms Smyth found Mr Kerr passed out naked on her four-and-a-half-year-old son's bed with an egg poacher on the floor full of cigarette butts and semen on the sheets.

"I walked into my home and I found you naked in my son's bed with a kitchen appliance ... there was a considerable amount of sweat around you, it looked like you had masturbated ... was that the case?" Ms Smyth asked Mr Kerr.

Mr Kerr denied the allegation.

Mr Kerr told the hearing he was "just a touchy-feely guy".

Mr Kerr now lives in Thailand and returned to Darwin to attend the hearing.

Ms Smyth is arguing that Treasury failed to deal with her harassment complaint appropriately, effectively forcing her to resign.

Her case, before NT anti-discrimination commissioner Sally Sivers, has been the subject of a series of appeals in the Magistrates and Supreme Courts, which have allowed Ms Smyth to bring the decade-old events before the commission.

Mr Kerr continued to work at Treasury, where Ms Smyth alleges he was a "protected employee" despite repeated claims of sexual harassment and absenteeism.

Mr Kerr's response to Ms Smyth's questions was patchy, telling the tribunal that he was unable to hear recordings of conversations played to the court, where he apologised to Mrs Smyth for causing distress to her and her son.

Mr Kerr, however, said his recorded apolgy was taken out of context.

When asked to respond to other recorded conversations, Mr Kerr said he was "quite hard of hearing", and couldn't respond to what was played to him.

At one point, Ms Smyth, who is representing herself, had to yell across the courtroom to elicit a response from Mr Kerr.

Mr Kerr also claimed he could not remember many of the events event in question, saying they happened in the past, at a time when he was drinking heavily.

Ms Smyth claims she was victimised by the Treasury, and says they failed to properly consider the claim.

Among evidence presented was a farewell card presented to Ms Smyth when she left Treasury.

Among other messages one public servant, Marie Tonks, wrote: "Goodbye, good luck, hope you get a good f**k, Budju."

Former NT Treasury superannuation commissioner Kathleen Clayden said there had been complaints made against Mr Kerr by other employees, including sending inappropriate text messages.

Ms Clayden said the problems between the two became worse when Mr Kerr purchased a house near Ms Clayden's house in Nakara.

But Ms Clayden said senior management had followed clear guidelines in handling issues between Mr Kerr and Ms Smyth.

The case, before anti discrimination commissioner Sally Sivers, is expected run until late this week.

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