Two women who raised the alarm over an accused "weird hugger" from Port Kembla say their concerns were ignored by local police until they produced Googled information showing the man was a convicted rapist.
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Simone Vartolo, 31, was charged with common assault and intimidation in September amid allegations he harassed and intimidated 21-year-old Cassie Bryan while she took an early morning walk on a Port Kembla beach on September 26 last year.
At Vartolo's Wollongong Local Court hearing on Monday, Bryan told how she discussed her unwanted encounter with a peer that night, only for the other woman to report a similar experience that same day at Wollongong train station. The women by then both had Vartolo's details in their phones and after reverse-searching his number, realised they were speaking about the same person.
"We tried to report it to police and the police officer said we were grown women, we could have told him no, and pretty much dismissed it completely," Miss Bryan told the court on Monday.
She said they contacted police again after a Google search revealed Vartolo had been convicted of rape interstate, and she then dealt with a more helpful officer.
"Her exact words were, 'if a police officer ever tells you they're going to get onto something; they're not. You need to follow it up'."
Vartolo, a personal trainer, denies all five allegations stemming from the womens' complaints, maintaining he was merely attempting to sign them up as clients.
Ms Bryan told the court she was walking alone at the southern end of MM Beach on September 26 when she she looked up from her phone to find Vartolo "standing over" her.
She said he asked her if she had a boyfriend and later told her "you're cute. I'm down to have some fun".
She said she told him she wasn't interested but he allegedly continued to harass her, insisting she enter his number into her phone then forcing her to hug him.
"I felt uncomfortable and felt I had to put his number in as he was standing there and watching what I was doing with my phone."
"I made it clear that I'm seeing somebody, there's no reason for me to want to hug you, want to take your number, but he still insisted."
Under cross-examination by Vartolo's lawyer, she denied suggestions she had contacted police only after Googling Vartolo and becoming "offended" by his criminal past.
"I think I was more upset that we had to figure it out for ourselves - that they didn't even bother looking into it. That's what I was offended about."
"Obviously because we found out about his past conviction so we decided to contact police a second time."
Train station cameras captured the second woman, who legally cannot be identified, walking across Vartolo's path about 12.30pm that afternoon. Footage played to the court shows him follow her onto the platform, but later she trailed behind him to the side of the platform building, where the camera captured him taking one of his shirts off to reveal his bare arms.
"He asked me to touch his arm and I did that," the woman said in evidence, making a poking gesture with one finger.
"But then he grabbed me to fully touch his arm."
She said Vartolo repeatedly invited her to his Port Kembla house and at one point drummed his fingertips across her back, prompting her to recoil and tell him, "don't touch me".
She said he was "talking about things you don't say to people when you first meet them" - "sexual things ... he was bringing up how 'all girls love d---'," - but that she laughed off these comments.
"You were laughing; you seemed happy," Vartolo's lawyer said.
"Because I was uncomfortable. I laugh in uncomfortable situations."
She later told police he'd told her, "we should f---. You could come to mine. I'm a massage therapist. I'll give you a free one".
She said she gave Vartolo her phone number and even briefly stepped off the train into his open arms when he initiated a hug because she was worred he would follow her otherwise.
"I was really concerned he was going to get on the train with me," she said.
"I thought, 'this was strange, but I'm going to give you a weird hug so I can get on the train and leave'."
Miss Bryan's aunt, Tracy Matasin, later learned of her niece's encounter and contacted Vartolo, telling him, "you've f---ed with the wrong family' and "I'm gonna chop your f---ing d--- off".
She told the court Vartolo replied: "leave me alone, I've got a girlfriend'.
Vartolo is expected to give evidence when the hearing resumes before Magistrate Sharon Holdsworth on July 1 next year.
Details of Vartolo's criminal past were not further discussed in court.
Angela Thompson
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
