Trent Fernandes defends allegations of masturbating on train at Arncliffe

A man has claimed he was not masturbating but scratching his groin because of a medical condition when he was recorded by a teenage girl on a train in Sydney’s south, a court has heard.

Trent Fernandes with his girlfriend Desiree Fernandez at Sutherland Local Court during his hearing. Picture: Ashleigh Tullis

A Hurstville man has claimed he was not masturbating but scratching his groin because of a medical problem when he was recorded by a teenage girl on a train, a court has heard.

Trent Fernandes, 28, defended allegations of carrying out a sexual act with another without consent; behaving in an offensive manner in a public place and wilfully interfering with the comfort or safety of others during a hearing at Sutherland Local Court on Friday.

Police allege Fernandes was “massaging or masturbating” or “manipulating” his penis over his pants while using his phone to look at a teenage girl on a train between Arncliffe and Hurstville about 5pm on March 23.

Fernandes claimed he was not masturbating, but scratching his groin area, because he had a medical condition, further denying he used his phone to look at the 16-year-old girl.

She told the court she went to the train’s lower carriage where she made eye contact with Fernandes before she sat down towards the end of the aisle.

Trent Fernandes (right) with his barrister. Picture: Ashleigh Tullis

The girl said Fernandes gave her a “funny look” and made her “feel like something was not right” before he got up and moved to lay down on a three-seater chair diagonally in front, facing away from her so she could not see his face.

The girl said Fernandes started to “inappropriately touch himself” over his pants while he held his phone at an angle where it appeared he was watching her through the screen, adding “it looked like he was taking a video”.

The girl recorded Fernandes, with the videos played to court, for about 30 seconds but said the touching went for most of the train ride before they both got off.

Senior Constable Hussein Askin told the court he took a statement from the teenage girl and later posted a CCTV photo on the NSW Police Facebook page appealing for information from the public to identify Fernandes.

The court heard Fernandes called the officer and identified himself, asking him to remove the photo and later declined to be interviewed.

The court heard the officer downloaded the content of Fernandes’ phone and did not find a video or photos from the incident but did retrieve messages from Fernandes’s girlfriend, Desiree Fernandez, which read, “I told you not to scratch in public”.

The hearing occurred at Sutherland Local Court.

Ms Fernandez told the court Fernandes had developed a medical condition that caused him to scratch his groin up to “20 times a day” in 2022, adding he “can’t help” it and would do it with friends.

She said he went to a doctor, received a diagnosis and treatment.

During cross examination, Ms Fernandez was shown the video and confirmed the way Fernandes was touching himself was the same way she had seen him scratch his groin.

Police prosecutor Sergeant James Glissan said in closing submissions that the video clearly showed Fernandes was “manipulating his penis for pleasure” towards the girl and was not scratching; adding the girl’s evidence was “clear and cogent”.

He also noted Fernandes’ phone was positioned consistently pointed towards the girl.

Fernandes’ defence barrister submitted the girl could not see his client’s face nor could it be proven he was using the phone to view her.

He said there was an “innocent” explanation for Fernandes conduct due to the medical condition – supported by Ms Fernandez’s evidence – adding his fingers were consistent with scratching and not a usual way to “masturbate”.

Magistrate Holly Kemp will hand down her decision on Wednesday.