Gregory John Rowe: Community transport driver sentenced over indecent assault of client

A Central Coast community transport driver who indecently assaulted a client to and from her special needs program has been convicted. Hear what happened in court.

A community transport driver who indecently assaulted a client with an intellectual disability has been sentenced.

Gregory John Rowe, 59, appeared in Gosford Local Court on Thursday where he was convicted of two counts of aggravated indecent assault of a person with a cognitive impairment.

Rowe, who pleaded guilty to the offences, was sentenced to a 15 month Intensive Corrections Order (ICO) by Magistrate Jennifer Price. An ICO is a term of imprisonment served in the community with strict conditions.

Gregory John Rowe. Picture: Facebook

He sat quietly as his sentence was handed down, with the victim’s parents also present in court to hear the sentence.

The court heard that the victim has had an intellectual disability since she was a child and is recognised as “vulnerable in the community”.

She attends special needs and education programs and was eligible for a dedicated transport service to and from these services.

An agreed set of facts revealed that Mr Rowe, from East Gosford, had been employed with a community transport service on the Central Coast since 2007 and between January 2017 and October 2018 had transported the victim, aged 40, 35 times.

In October 2018 he picked the victim up at 8.30am to take her to a special needs program in Kariong, however GPS records revealed that on his way he diverted to Mount Penang Gardens.

“At this time the offender kissed the victim on her lips,” the facts stated.

Mr Rowe had been a community transport driver since 2007.

He dropped the victim to her program late at 9.14am and then returned to collect her at 2.30pm on the same day.

The GPS revealed that the vehicle diverted to a secluded area on Silvesters Rd in Somersby and remained there for just under an hour.

“During this period the offender parked the vehicle, climbed into the rear of the vehicle and undid the victim’s seatbelt,” the facts read. “The offender then kissed the victim on her mouth and placed his hand on her breast. The offender then placed his hand on her groin area rubbing around her vagina.

“The victim indicated that the offender touched her in a way that she did not want him to.”

Mr Rowe drove her home arriving late at 4.15pm and told the victim’s mother there was traffic.

That night the victim told her mother what had happened and she made a complaint to the transport company which immediately contacted the police. During a police interview, Mr Rowe denied the offences and said he got into the back seat to comfort the victim. He said the GPS tracking was wrong.

The second offence happened on Silvesters Rd, Somersby

The victim’s parents wrote a victim impact statement which said their daughter had been withdrawn and did not want to speak about the incident.

They said it was “devastating” as parents to know they sent their daughter on the community transport “oblivious to the abhorrent abuse that was going on with the driver”.

“It’s difficult to heal (the victim’s) emotional scars from all of this but we are glad we were able to help her bring this crime to the courts so another vulnerable person will not have to go through this abuse,” the statement read.

Mr Rowe’s defence lawyer said he had been married for 14 years, and previously worked at NSW State Rail Authority before working for the community transport company. He is a now a full time carer for a family member.

“This was an aberration of a person of otherwise good character,” he told the court.

“Mr Rowe feels a great deal of shame of the offence he has committed. He acknowledges he breached a position of trust … and understands the impact on the complainant and her family.”

His lawyer stated the offending started as Mr Rowe offering care and support to the victim.

“He breached company protocols and as things went along it became a bit more than caring,” he said. “Sadly he continued with that behaviour.”

Mr Rowe was convicted at Gosford Local Court.

He said Mr Rowe, who has no prior criminal convictions, entered a late plea of guilty to avoid putting the victim through the anguish of a hearing.

The Office of Public Prosecutions solicitor argued that a full time sentence was necessary, with the sentence assessment report indicating no evidence of remorse or accepting responsibility.

Magistrate Price said the offence was aggravated by the abuse of trust.

“What is clear is that there was a relationship of trust between you and the victim,” she said.

“You were in a position of responsibility over her. There is a vulnerable community of people accessing the services of your employer.”

Magistrate Price said there was also a degree of planing involved with Mr Rowe stopping in a secluded area however she said Mr Rowe touched the victim on the outside of her clothes.

“It was clear the victim in the matter is completely powerless and at your mercy,” she said.

She said the sentence assessment indicated Mr Rowe displayed limited insight into the offence and maintained he was offering comfort to the victim.

She said community safety was paramount and there was no other option but a term of imprisonment.

Mr Rowe was also given 200 hours of community service.