Taxi driver Hayas Kardo found guilty of rape and indecent assault over incident at Adelaide Aquatic Centre
A taxi driver who crept up on a young woman in a spa has been found guilty of rape and indecent assault.
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A taxi driver who was charged with sexually assaulting a 27-year-old woman at the Adelaide Aquatic Centre has been found guilty of rape.
Hayas Kardo, 62, is accused of assaulting the woman while she napped in one of the spa pools on September 23, 2018.
On Monday, District Court Judge Liesl Chapman, who presided as judge alone over his case, found Kardo guilty of rape and indecent assault.
She revoked his bail and ordered he be taken into custody ahead of sentencing submissions next year.
During the trial in late September, the court heard that Kardo sat next to his victim in the pool and moved progressively closer to her.
Prosecutor Carmen Matteo said Kardo was sitting “unnaturally close” to the woman and that the interaction was filmed on security cameras.
However, the bubbles in the spa obscured what happened beneath the surface of the water.
In her verdict, Judge Chapman said the security footage showed that Kardo “gradually and surreptitiously” made his way closer to the victim.
“There was no reason for the accused to be so close to the (victim),” she said.
The victim, who was tired and hungover from a late night and working an early shift as a cook, was asleep in the spa.
She woke to Kardo sexually abusing her with his fingers underneath her shorts.
In a daze after waking from a deep sleep she left the spa and went to find a lifeguard.
Three lifeguards gave evidence at the trial, all confirming that the victim had been distressed when she approached them.
Security camera footage showed Kardo watching as the victim left the spa and within a minute he also left the area.
Despite not having wet hair, he put a towel over his head and moved “at a reasonable pace” to the showers.
Judge Chapman said that the Kardo’s movements were “subtle, careful and furtive” and that the towel showed some level of desire to cover his appearance.
Kardo left the pool and got in his taxi at the carpark.
The car was quickly identified by police who arrested Kardo at his home later that evening.
Forensic evidence from under Kardo’s finger nails were linked to the victim.
Craig Caldicott, for Kardo, questioned the statistical weighting of the link, which was only 110 compared to numbers which can range into the billions.
Judge Chapman concluded that the weight of the victim’s evidence combined with the security camera footage and DNA evidence was enough to find Kardo guilty beyond a reasonable doubt.
Mr Caldicott asked for his client’s bail to continue but Ms Matteo called for Kardo to be remanded in custody because of the random and serious nature of the offence.
Judge Chapman agreed, remanding Kardo in custody pending sentencing submissions in February next year.
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