Zara Charter, Dane Smith: Duo charged with alleged bloody assault of Uber driver

A young duo has fronted court on assault charges after allegedly beating their Uber driver to a point where he was left bloodied, topless, and “praying to god” for help.

An Uber driver has told a court of the horrific moments before three passengers allegedly unleashed on him, pulling his hair, punching his face, and tearing his shirt from his body.

Zara Jade Charter and Dane John Douglas Smith faced Ipswich Magistrates Court on Wednesday, August 17, each pleading ‘not guilty’ to one count of assault occasioning bodily harm.

The court heard the pair’s charges related to events which allegedly transpired on the evening of October 16 last year and involved a single alleged victim, Uber driver Pardeep.

Prosecutor Sergeant Brad Dick said it was about 6.30pm on the evening in question when Pardeep collected a group of four people – comprising two men and two women – who had requested an Uber take them from Club Services Ipswich to an address in the direction of Warwick Rd.

Sgt Dick told the court an older man named David Smith was allegedly the first of the passengers to show aggression toward Pardeep.

The court heard the ride commenced and Pardeep drove over David Trumpy Bridge, then left onto Brisbane St, right onto Gordon St, and right again onto Limestone St, where the car came to a stop and David Smith exited.

Pardeep allegedly continued driving with the three remaining passengers for a short time before stopping at a set of red traffic lights.

Sgt Dick said David allegedly followed the car on foot and attempted to approach it, but the lights changed to green and Pardeep took off towards South St. The court heard it was there that Dane exited the car.

It is alleged Charter, who was sitting behind Pardeep at the time, then “grabbed” and held him while Dane punched him in the face.

Sgt Dick told the court the three passengers and Pardeep then exited the car and a physical altercation erupted.

In an act of “self-defence”, Sgt Dick said Pardeep struck Dane to the head with a metal water bottle, causing a laceration.

The court heard police were then waved down by members of the public who separated everyone involved in the alleged fight.

Pardeep described the circumstances which led up to the alleged assault during the first day of trial, stating he suspected trouble shortly after meeting the group.

He told the court the “older fella” David was visibly agitated as he made his way to the front seat of the car carrying two to three bottles of liquor.

Pardeep said he told him he could not drink in his car and copped a spray of abuse and offensive name-calling from in return.

“’You’re making me really nervous’,” he recalled telling him.

“’You’re scaring me’”.

He told the court David threatened to “f**k (him) up” while the rest of the passengers sat “laughing and smiling and enjoying what was happening”.

He said “hell broke (loose)” when he turned the car onto a street and Charter began pulling his hair from the back seat, directing his head forward while telling him to drive straight.

“I literally started begging,” he said.

Pardeep said he told the group “don’t do this to me” and “I can’t drive anymore” before turning right onto Gordon St, where the front passenger – David – allegedly became “even more angry”, punching his arm and shouting “I’m going to f**k you up”.

He said David then exited the car, slammed the door closed, and either punched or kicked the vehicle.

Pardeep told the court he drove towards a nearby Chemist Warehouse while Charter ripped his T-shirt off his chest from the back seat and punched him.

“It was a lot of mess,” he said.

He told the court he felt a blow to his right eye before losing consciousness for 10 or so seconds, allegedly at the hands of Dane Smith, followed by a numbness and warmth he later realised was blood.

Pardeep said he could hear the “old fella” yelling from down the road and Charter exclaiming “we’re going to f**king burn your car and f**king kill you”.

He said his anxiety was “through the roof” and he was “praying to god” he would get out of the situation alive. He told the court he thought to himself, “are they hunting me?”

Upon stepping out of the car, Pardeep said he hit Dane in the head with his 700ml steel water bottle as he “thought they were going to kill me or something”.

The court heard he ran until he saw police car lights flashing, understanding authorities were coming to his aid.

Smith’s counsel Isabelle McNicholl questioned Pardeep’s version of events, suggesting her client struck him only after he demonstrated aggression towards Charter.

“I would never hit a woman,” Pardeep said.

Ms McNicholl asked Pardeep if he accepted Smith told him “you’re not going to hit her again”, to which he said he did not.

She put Pardeep’s prior convictions – including for drunk and disorderly conduct – to him, raising that he had in the past pleaded guilty to punching a bartender in the head and throwing items at a woman while intoxicated.

Body-worn camera footage from a police officer in the moments that followed the alleged Uber incident was presented to the court, during which Pardeep could be heard telling authorities it was the older male passenger – David – who punched him in the eye.

Pardeep told Ms McNicholl he was panicked at the time of the recording but it was in fact the younger man – Dane – who hit him.

The barrister finished her cross-examination of the witness by suggesting he had “embellished” his version of what happened in his testimony.

“I haven’t,” Pardeep said.

The second male passenger, David Smith, first appeared at Ipswich Magistrates Court on a charge of assault occasioning bodily harm on November 29 last year, but the charge was dropped on March 21 due to a lack of evidence.

A charge of common assault was handed up instead and he was fined $400.

The trial of Zara Charter and Dane Smith will continue in Ipswich Magistrates Court on October 6.