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The Canberra Times
The Canberra Times
Tim Piccione

Man left child 'frozen with fear' during bus indecent assault

An ACT bus, like the one the indecent assault occurred on. Picture by Elesa Kurtz

A man left a 16-year-old girl "frozen with fear" and "almost paralysed" when he indecently assaulted her on a public bus, a court has heard.

The offender also told a 17-year-old girl, on a separate bus, that she "smelt delicious" and should marry him.

Njabulo Ndlovu, 33, faced the ACT Magistrates Court via audio-visual link from the Alexander Machonochie Centre on Thursday, when he was sentenced to a six-month jail term and fined $1500.

He previously pleaded guilty to committing an act of indecency without consent, offensive behaviour in a public space, damage property and failing to appear after a bail undertaking.

Ndlovu was released from custody after spending a total of four months and four days behind bars relating to the offences, with the remainder of his sentence to be suspended.

Prosecutor Greta Cuthel said both victims were "scared for their safety" during the offending incidents, which occurred in January and May.

The court heard it was likely the 16-year-old would now find it "extremely difficult" to feel safe on public transport.

According to facts read out by magistrate Robert Cook, Ndlovu boarded the bus at the Gungahlin interchange about 4.15pm and sat next to the victim despite many other seats being free.

He "accosted" her into conversation and said things to the effect of: "You're a good white girl. I have lots of white girls. When you have children, you will be good at looking after them."

"God is making it so that we are spiritually connected," the offending adult told the child victim.

Ndlovu touched the girl's arm and eventually placed his hand on her knee.

"She was frightened enough to commence crying on the bus," the prosecutor said.

Two men saw the victim in distress and separately offered to switch seats with her but "she was too upset to move".

"She was simply in a state of shock and frightened," the magistrate said.

In another incident four months earlier, Ndlovu and the 17-year-old girl got on a bus at the same interchange.

The offender again sat next to the victim and began speaking to her, which she attempted to ignore.

Ndlovu tried to convince the victim to go for coffee or to his home, telling her amongst other things that she should marry him and causing the girl to text her mother asking for help.

She gave the Zimbabwe-born man, who was intoxicated during both incidents, a false phone number.

Legal Aid lawyer Edward Chen said the man was affected by alcohol abuse and "substantial mental health issues" at the time of the offending.

"This is, unfortunately, a mentally unwell person," Mr Chen said.

The offender was placed on a six-month psychiatric treatment order in May.

Mr Chen also said there was no "hint of malice" in his client's actions.

"The second he realised [the 16-year-old victim] was upset because she started crying, he moved away and put his face in his hands," the lawyer said.

The court heard Ndlovu had a criminal history of repeatedly committing acts of indecency on women.

He was most recently convicted by the same court of two separate indecent assaults in public settings in 2021.

Ndlovu walked free on Thursday on the agreement he enter into a 12-month good behaviour order.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
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