Trent Fernandes sentenced for behaving offensively on train when touched groin at Arncliffe

A man has been found guilty of behaving offensively when he touched himself on the groin over his pants close to a schoolgirl while on a train in Sydney’s south.

Trent Fernandes was found guilty of behaving in an offensive manner in a public place. Picture: Ashleigh Tullis

An unemployed man has been found guilty of behaving in an offensive manner when a schoolgirl recorded him touching his groin over his pants on a train but a magistrate determined it was not a sexual act, a court has heard.

Trent Fernandes, 28, defended allegations at a hearing at Sutherland Local Court last week when police alleged he 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 on March 23 about 5pm.

During the hearing, the Hurstville man 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.

Magistrate Holly Kemp handed down her decision on Thursday when she found Fernandes not guilty of carrying out a sexual act with another without consent but guilty of the back-up offence of behaving in an offensive manner in a public place with the further back-up charge of wilfully interfering with the comfort or safety of others being withdrawn.

Ms Kemp found the girl, who was dressed in her school uniform, was “a very impressive young person” and a “truthful,” “credible and reliable witness” who felt discomfort at witnessing Fernandes’ conduct, remained calm, recorded him and sought help from her mother and police after leaving the train.

A decision was handed down following the hearing. Picture: Ashleigh Tullis

Ms Kemp noted the girl “did everything right” and she accepted her evidence that she perceived Fernandes’ actions were to “pleasure himself”, adding that the girl believed it was “inappropriate with a sexual overtone”.

The court heard, after watching the video, Ms Kemp was “gravely suspicious” Fernandes’ actions were sexual but found there was enough evidence to suggest an alternative reason – due to his medical condition – as to why he was touching himself.

She noted the evidence of Fernandes’ girlfriend who watched the recording and told the court she had previously seen her boyfriend scratch his groin in the same or similar way up to 20 times a day.

Ms Kemp found Fernandes’ girlfriend was a “credible witness” and noted further supporting evidence of a text message between the couple where she told Fernandes “not to scratch in public”.

Ms Kemp said the prosecution had not proven beyond reasonable doubt that Fernandes’ conduct was a “sexual act”, nor that it was carried out towards the victim.

Trent Fernandes outside court. Picture: Ashleigh Tullis

She did find Fernandes’ act was conducted in an offensive manner on a public train because he made eye contact with the girl, moved to sit closer to her, lay on the chair to be in full view of other passengers and did not attempt to conceal touching himself on the groin area; adding it went for a significant time between Arncliffe and Hurstville stations.

“I find as a matter of fact the complainant saw the behaviour and was affronted, it was categorically inappropriate and was offended by it,” Ms Kemp said.

“There was persistent unyielding touching of the groin area for minutes.”

Ms Kemp said despite her finding the act was not sexual, it was still offensive because he was touching his genital area.

The court heard Fernandes had no criminal history, lost his job after he was arrested and had been “publicly humiliated” when NSW Police put out a social media post appealing for help to identify him.

Fernandes was sentenced to a 12-month community correction order where he must be of good behaviour and will be supervised by community corrections.