Kumar denied the charge during a judge-alone trial at the Waitakere District Court, claiming he grabbed the woman’s wrist because he suspected her of theft. However, Judge Terry Singh found the charge proven, stating the victim’s account was consistent with CCTV footage, while Kumar’s testimony was deemed self-serving.
An international student boards a bus
The victim appeared in court via audio-visual link from her home country, with the assistance of a translator. She recounted her time as a student at an English language school in Auckland CBD the previous year, frequently commuting by bus between school and her home in West Auckland.
On February 12 of the previous year, after finishing school at 9.30 pm, she boarded her second bus at around 10.10 pm. She greeted the driver, tagged on with her Auckland Transport card, and took a seat, as was her usual routine. Listening to music on her wireless headphones, she noticed the driver attempting to speak with her. Thinking she might have forgotten to tag on, she approached the driver, dropping her headphones in the process.
She bent down to retrieve them and was surprised when Kumar began discussing personal topics, inquiring about her age, origin, and reason for riding the bus. As a newcomer to New Zealand, she initially saw nothing unusual in the conversation, perceiving New Zealanders as friendly. However, upon reaching her stop, Kumar did not open the doors.
The victim claimed Kumar asked for a hug, which she declined, citing her boyfriend. Feeling uncomfortable, she described the situation as tough. Subsequently, Kumar requested to kiss her hand. Alone on the bus and feeling very scared, she feared for her life if she refused, so she reluctantly extended her hand, which he kissed.
Dark, black-and-white CCTV footage from the bus captured the moment she raised her arm. During questioning by police prosecutor Jazween Mala, the victim began to cry, describing the assault as rubbing rather than touching her breast. This lasted approximately three seconds before the doors opened, allowing her to escape, call her boyfriend, and file a police report around midnight.
The defendant takes the stand
On the stand, Kumar, assisted by a Hindi translator, stated he had been a bus driver for 13 years. He described hearing a loud noise of something falling as the victim boarded the bus and witnessed her picking it up before approaching him.
Kumar claimed discomfort as the victim stood near his seat, alleging she possessed headphones he believed were stolen property, leading him to grab her wrist. He said she threatened to press the emergency exit button, prompting him to hold her wrist again to prevent her from falling out of the moving vehicle. Kumar stated she was upset and yelling, and when she exited the bus, she mentioned making a complaint.
Lights on, lights off
During cross-examination, Mala highlighted Kumar’s control over the bus’s lights and doors. Kumar countered that the emergency exit button could open the doors. Mala questioned Kumar’s suspicion of the victim’s headphones being stolen, noting no one else was on the bus to have dropped the item. Kumar suggested an earlier passenger might have left something on a seat. He denied turning off the lights as the victim approached, although CCTV footage appeared to darken three minutes into her ride.
Kumarās employer
Pavlovich Coachlines operations manager Andre Dreyer read his police statement from April 2025 in court. Kumar had been with the company for 18 months, hired with others from a Fijian agency due to staff shortages. Dreyer described Kumar as nice, quiet, and reliable, with no previous issues.
Upon learning of the police complaint, Dreyer reviewed the bus’s CCTV footage, noting an action resembling Kumar kissing the victim’s hand and touching her shoulder. When initially asked, Kumar denied any incidents with passengers until shown the footage. In a subsequent meeting, Kumar denied the allegation, offering an explanation Dreyer accepted, choosing to educate him to prevent future incidents, emphasizing no physical contact with passengers. Kumar continued driving until court conditions prevented it. Pavlovich Coachlines declined further comment, citing the judicial nature of the case.
āTelling evidenceā
Judge Singh noted Kumar’s reluctance to admit the lights were switched off as telling evidence. The judge believed Kumar deliberately turned off the lights to conceal the indecent assault. He acknowledged the victim’s credible concessions, such as being groped for only three seconds and reluctantly consenting to the hand kiss. The charge was proven, but Kumar’s lawyer, Angus Graham, requested no immediate conviction due to potential immigration issues. A discharge without conviction may be pursued, with a hearing or sentencing date set for the end of May.
Ā – Ella Scott-Fleming, Open Justice reporterĀ
