PNG national jailed after assault on lone woman at train station to be deported on release

A refugee who threw a woman to the ground and tried to sexually assault her in an “opportunistic and brazen” attack at Footscray station has been jailed, and will be deported after release.

A man from Papua New Guniea was on a three-month visitor’s visa when he attacked a woman at Footscray train station. Picture: Nicole Garmston

A refugee who stalked and viciously assaulted a woman at Footscray railway station has been jailed, and will be deported after release.

Frederick Wai followed a young woman around Footscray station for about 45 minutes before he cornered her, grabbed her and threw her to the ground about 2.15am on March 23, 2017.

The 33-year-old from Papua New Guinea was found guilty on December 7 of assault and assault with intent to commit a sexual offence. He was acquitted of attempted rape.

At Wai’s sentencing hearing this morning, the County Court heard two police officers had arrived at the station and heard a woman screaming.

One officer said he then saw Wai pinning the woman down, and appeared to be trying to remove her clothing.

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“You tried to pull down her pants and she was trying to fight you off,” Judge Fox said.

“She was screaming so you put your hand over her face to muffle her. She said it looked like you were trying to undo your own zipper.”

A woman who was new to Melbourne was waiting for the first train of the morning when Wai attacked her.

Wai denied the offending and told police at the time that the woman had started screaming and threw a bottle at him. He also said she had tried to lure him to a corner.

But Judge Fox said she was “satisfied” the jury had rejected Wai’s version of events.

“At the time you assaulted her, you were intending to commit the sexual offence of rape,” she said.

“There is no remorse and no acceptance of responsibility by you.

“It was opportunistic and brazen. Your conduct in the lead up to the assault was persistent. You continually followed the victim, even after she had asked you to leave her alone and physically distanced herself.”

The woman gave no victim impact statement but at the time gave evidence and said she thought she was going to die.

“All people, including women, have a right to go about their lawful business in public spaces without being at risk of violence and sexual assault,” Judge Fox said.

“The victim was a stranger to you, and lawfully going about her business in a public place. She had a right to be left alone and feel safe.”

Wai arrived in Australia in 2016 on a three-month visitor visa and applied for a permanent protection visa fearing he would be killed by a rival clan member if he returned to PNG.

Wai’s fear of returning to PNG was taken into account during sentencing.

“I accept that you feel returning to PNG would be like ‘suicide’ and you believe you will

be killed when you return,” Judge Fox said.

In May 2017 Wai was also attacked and stabbed about five times with a screwdriver by another prisoner. He has suffered depression and anxiety ever since, the court heard.

Wai was sentenced to a total of five years and four months jail, with 746 days already served. He will be deported to PNG upon his release.

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