Former magistrate Joseph Baldino wins sexual harassment case in Equal Opportunity Tribunal Former magistrate Joseph Baldino was accused of sexually harassing his clerk, Rebecca Ramstrom. Former clerk of retired magistrate Joseph Baldino, Rebecca Ramstrom. A CLERK who accused retired magistrate Joseph Baldino of sexual harassment twisted his words, fabricated some of her claims and cannot be believed, a tribunal has found. The Equal Opportunity Tribunal, sitting in the District Court, this morning dismissed Rebecca Ramstrom's complaint against Mr Baldino, with whom she worked between 2008 and 2010. In its 72-page judgment, the tribunal said it doubts Ms Ramstrom's credibility, finding she had "twisted" some comments he made and added "sexual overtones." It said Mr Baldino's invitation to Ms Ramstrom, to have drinks in his hotel suite, was not unreasonable "in modern mainstream contemporary Australian culture." It found the former magistrate's comment about spanking Ms Ramstrom was "clearly intended to be lighthearted" and, in the context of their friendly working relationship, not sexual harassment. Outside court, Mr Baldino welcomed the tribunal's findings. "Justice has been done," he said. Ms Ramstrom, 33, took Mr Baldino - who retired last year - to the tribunal seeking damages and compensation. At trial, she said Mr Baldino made lewd and sexual remarks about her using a spa in her "bra and knickers," her tongue piercing and his attendance at an Italian nudist colony . She labelled his behaviour "disgusting and scary," saying she would have swam from Port Lincoln - where they were on court circuit - to Adelaide to avoid his comments. Ms Ramstrom claimed that, back in Adelaide, Mr Baldino had wanted to borrow a pair of her stockings after they had been "washed between the legs." She said the sexualised conduct escalated to the point where Mr Baldino talked about spanking her and groped her breast on the pretence of looking at her necklace. Under cross-examination, Ms Ramstrom said she declined to transfer away from Mr Baldino because, at the time, she was on WorkCover and feared for her career . She denied accusations, made by Mr Baldino's lawyers, that she had targeted the former magistrate to score a lucrative payday . Giving evidence, Mr Baldino admitted saying he would spank Ms Ramstron over a mistake, but insisted he just wanted to put her at ease . He said he had already apologised for any behaviour which might have offended her, and their relationship had been fun and lighthearted. Mr Baldino had said the duo had spent "pleasurable time" together, but he had "no ulterior motive" in his dealings with Ms Ramstrom . Under cross-examination, he said his spanking comment was made "off the cuff" and denied he had visualised carrying out the act . In its judgment today, the tribunal said Mr Baldino had been a reliable witness. "Mr Baldino was clearly under stress as he gave his evidence (and) frequently limited his answers to the precise terms of the question, which was sometimes unhelpful," it said. However we accept that Mr Baldino gave his evidence truthfully to the best of his ability. The tribunal said Ms Ramstrom was "emotional" during her testimony, had trouble focusing on questions and "at times lost concentration altogether." "However, there are issues going beyond her demeanor and state of mind which cause us to doubt her credibility," it said. The tribunal said it did not believe Ms Ramstrom's account of events at Port Lincoln. It said some of the behaviour she attributed to Mr Baldino did not meet the legal definition of harassment while, in other cases, she had "twisted" his words "to add sexual overtones." "Ms Ramstrom seemed to hold the belief that a married woman should not be invited to a hotel suite for a drink by a work colleague," it said. (The invitation) did not constitute conduct of a sexual nature, and nor could a reasonable person have anticipated Ms Ramstrom might have been offended, humiliated or intimidated by the invitation. The tribunal said Ms Ramstrom's claim that Mr Baldino asked her to watch a bestiality DVD, tendered in court as evidence, with him was "clearly not true." Although she had mentioned the incident to other people, the tribunal found Ms Ramstrom "fabricated" the story. The tribunal was satisfied that Mr Baldino made a comment about spanking in the context of their ongoing, friendly relationship. "That comment, whilst inappropriate, did not amount to sexual harassment," it said. In all the circumstances, a reasonable person would not anticipate that Ms Ramstrom would be offended, humiliated or intimidated by the comment, which was clearly meant to be lighthearted. Ms Ramstrom did not attend the hearing today, but Mr Baldino and his wife were present for the decision. His lawyers told the tribunal they would now consider what further action, including seeking court costs, may be considered by their client. Mr Baldino shook hands with his solicitor, Michael Sykes, after the decision.