Peter Stojanovski found not guilty of taking photos under teen’s skirt on train near Wolli Creek

A father has been acquitted of taking photos or video under a schoolgirl’s skirt on Wolli Creek train, saying outside court, “I was innocent from the start”.

Peter Stojanovski (left) pictured with his lawyer Michael Moussa (right) has been found not guilty of filming under a schoolgirl’s skirt on a train. Picture: Ashleigh Tullis

A professional poker player has been acquitted of allegedly filming under the skirt of a teenage schoolgirl while on the train at Wolli Creek last year.

Peter Peco Stojanovski, 47, appeared in Sutherland Local Court on Friday where charges of aggravated filming a person’s private parts without consent, intentionally recording intimate image without consent, and attempting to intentionally record intimate image without consent were dismissed.

Stojanovski, who is a married father, maintained his innocence from his arrest and denied the allegations during a two-day hearing in March and April.

The court heard the teenage girl was with three other girls returning home after school when Stojanovski, who lives in Arncliffe, allegedly took a photo under her skirt shortly before arriving at Wolli Creek station.

When handing down his decision, Magistrate Philip Stewart recounted the evidence during the hearing when the teen said Stojanovski was standing on the stairs below her when her friend said “there may be a guy behind you filming you”.

Peter Stojanovski during his hearing. Picture: Ashleigh Tullis

The court heard the girl allegedly confronted Stojanovski who denied the act, stating “I am not doing that, are you crazy”.

The girl told the court she saw Stojanovski select about four or five videos or photos and delete them from his camera roll.

The girl then called triple-0 and gave a description of Stojanovski, who exited the train and was arrested the next day.

Mr Stewart noted the evidence from another train commuter who said he was seated near Stojanovski and saw him extend his arm out once with the phone facing up, claiming he “could see a pair of legs on his screen.”

Stojanovski did not give evidence but police body worn footage of his arrest, played during the hearing, showed he immediately denied filming the girl saying, “it is not true” and “I was on bloody Gumtree ordering plants for my house”.

When arrested, Stojanovksi was in disbelief and said the allegations were false and repeated “I didn’t film up no skirt.”

Stojanovksi told police he left the train because he “didn’t want the hassle” and “didn’t have a train ticket”.

Mr Stewart did not accept the evidence of the train commuter noting he was the only person who said Stojanovski handed the girl the phone nor did he accept the commuter saw an image of legs given he only said that during his evidence and not in his statement to police.

He also said the evidence given of Stojanovski allegedly deleting the photos was “highly persuasive” but was not proof.

Mr Stewart said Stojanovski’s behaviour when he changed clothes and hastily exited the train was “highly suspicious” and could be considered actions of a “guilty mind” but determined the “grave suspicions” did not amount to proof beyond reasonable doubt.

Outside court, Stojanovski thanked Mr Stewart for “making the right decision” and it had been difficult having his house raided because he did not do anything wrong.

“My legal team of Michael Moussa and barrister Kate Hogan did a great job. Justice was served. I was innocent from the start.

“To all the people who know me, were quick to judge, hopefully in the future they will know not to believe everything you read in the papers.”