Sydney man charged with kissing and touching woman without consent on a train from Cardiff
In April last year, police allege Ivan Smiler tried to kiss and touch a woman while on a train from Cardiff. He has pleaded not guilty to two counts of aggravated sexual touching.
Newcastle
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A Sydney man, who was originally convicted of two counts of aggravated sexual touching from an alleged incident in Cardiff last year before the charges were annulled, will have to wait a little bit longer for a hearing to take place.
Ivan Luxford Nireahi Smiler, 32, appeared at Toronto Local Court on Tuesday, but with the officer in charge on leave and no representations, his matter was forced to be adjourned until next month.
Magistrate Andrew Eckhold continued his bail.
On April 10 last year, police allege a 19-year-old woman was waiting on the platform at Cardiff Railway Station to travel to work when she was approached by a man, alleged to be Smiler, who attempted to engage in conversation.
Police allege he tried to kiss the woman, but she pushed him away.
Police also allege he followed her when she boarded the train and sat next to her, before kissing and touching the woman without consent.
As she tried to leave the train, he’s alleged to have grabbed her, but was interrupted by another passenger.
Smiler was later arrested nearby before being charged.
In October, a magistrate issued a warrant for Smiler’s arrest after he failed to appear in court to face the hearing over the allegations which he pleaded not guilty to. The no-show saw him convicted in his absence.
Court papers revealed Smiler did attend court later that day but was too late and when arrived was informed of the warrant, before being taken to Toronto police station where he was arrested.
Days later Smiler was back in court where he successfully had an annulment application granted on both charges.