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Bus fondler found guilty and will likely be deported

Nirmalan Anandacoomarasamy
A sex pest who groped women as they travelled on buses was yesterday imprisoned for 30 days.Nirmalan Anadacoomarasammy, 33, of Southampton, had denied two counts of sexual assault and two counts of invasion of the privacy of a female, stemming from December 14 and December 22 last year.The Women's Resource Centre (WRC) last night applauded the conviction and sentence, suggesting it would help more women to feel safer and to come forward if they have been violated.

A sex pest who groped women as they travelled on buses was yesterday imprisoned for 30 days.

Nirmalan Anadacoomarasammy, 33, of Southampton, had denied two counts of sexual assault and two counts of invasion of the privacy of a female, stemming from December 14 and December 22 last year.

The Women's Resource Centre (WRC) last night applauded the conviction and sentence, suggesting it would help more women to feel safer and to come forward if they have been violated.

Kathy Harriott, executive director and clinical supervisor at WRC, said: "If he's been convicted specifically, that's great, it's a positive step for women.

"If you're not safe on the bus or in a public place then where are you safe? Mostly what people think about is a stranger jumping out at night behind the bushes, which is not generally the case. Generally, it's somebody that you already know that's going to assault you. Women should always be careful, cautious and aware of what's going on around them.

"Women must report anything that they need to report. I imagine that this was quite difficult for these women to report — It's almost unbelievable that it even happened."

Earlier at Magistrates' Court, Anadacoomarasammy's defence lawyer Mark Pettingill claimed he was wrongly identified.

One victim had earlier stated that Anadacoomarasammy touched her leg three times as she dozed off during the bus journey from Hamilton on December 22.

She told Magistrates' Court, on the first two occasions, she thought she had been dreaming but realised on the third, it was really happening.

The other victim said she felt something tickling her leg as she made the journey West on the bus on December 14.

She stated at first she thought it was a roach, then when the tickling continued she thought it was something out of her handbag.

However, shortly afterwards she said she felt a hand on her thigh and believed it was the man sitting next to her. At one point, she considered punching the man but decided against it.

Both women said the passenger sat next to them despite empty seats on the bus.

Rejecting the wrongful identity defence yesterday, Senior Magistrate Archibald Warner ruled that he was satisfied the accusers had identified the right man, before finding him guilty.

"It was the defendant who was on the bus on the days in question, who touched the complainants in such a way as to satisfy a sexual assault," Mr. Warner said.

"And the extent of the assault is he touched on various parts of the knee and the vaginal areas of these (complainants)."

Crown counsel Cindy Clarke asked the court to impose an immediate custodial sentence of four weeks to nine months.

Mr. Pettingill argued that Anadacoomarasammy was "a man of impeccable character and a qualified professional", one who had no previous convictions and lost his job as a result of the case.

It is also understood that the Department of Immigration is aware of the case, as Anadacoomarasammy is a guest worker in Bermuda. He is scheduled to be deported once released from jail, it was revealed.

Responding to Mr. Pettingill's arguments in court that the assault was "at the lower end of the scale" for sexual assaults, Ms Harriott added: "I think this (offence) is very serious.

"We need to consider the impact on women. It's not so much the event that occurred, but its impact on a woman. Whatever the perceived degree of assault, this about a person's safety and it's a violation.

"I think the impact would be quite great on any women sitting on a bus and some man sitting next to them, assaults them."

A statement from the Department of Public Prosecutions (DPP) read: "This case is a good example of the benefits to the rule of law of witnesses coming forward and giving evidence.

"Because of witnesses acting responsibly in this case and coming to Court, other women in Bermuda will not have to deal with this individual (who will be deported at the end of his sentence) and are relatively less likely to be confronted by this type of menace in the future."

After the sentence, Mr. Pettingill hinted that he might launch an appeal in the Supreme Court.