Chinese actor to wear electronic anklet after being granted bail
A CHINESE movie star described as China’s “Hugh Jackman” has been granted $3 million bail while fighting charges he raped a woman with his producer at one of Sydney’s most prestigious hotels.
NSW
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A CHINESE movie star described as China’s “Hugh Jackman” has been granted $3 million bail while fighting charges he raped a woman with his producer at one of Sydney’s most prestigious hotels.
Yunxiang Gao, 35, will swap the prison cell in Silverwater jail he has called home for the past three months and be reunited with his much more famous actor wife Xuan “Michelle” Dong and their child in a $6000-a-month apartment in Chatswood.
He will also be sporting a new kind of celebrity bling after a judge placed a raft of strict bail conditions including he wear an electronic anklet.
Cheers and clapping rang out at the NSW Supreme Court yesterday as Justice Lucy McCallum handed down her decision, one person even yelling out “congratulations” before being told to be quiet.
Appearing via video dressed in prison greens, Gao was unaware that his second attempt at bail was successful until a Chinese interpreter translated it to him. He nodded and said thank you.
Ms Dong, 35, a superstar of Chinese screen, sat in the front of the packed court filled with Gao’s friend, fans and international media.
She was flanked by bodyguards and declined to comment outside of court before hopping into a white van.
Gao and 35-year-old producer Jing Wang are accused of sexually assaulting a 36-year-old woman at the Shangri-La at The Rocks in the early hours of March 27.
The alleged assault took place after a “wrap-up” party for TV series Love in Arayana which was held at a Chinese restaurant and karaoke bar.
Gao has pleaded not guilty to two counts of aggravated sexual assault. He has been in custody for three months, and his barrister John Korn had told the court he had been placed in protective custody after being stood over presumably because of his wealth and fame.
Justice McCallum took into account the conditions in protective custody are “more draconian”.
She said the evidence that Gao was in the room and that he engaged in sexual intercourse with the complainant was overwhelming.
The critical issue at trial would be consent, she said.
Some CCTV footage from the evening supported the crown case that she pulled away when Wang tried to kiss her during the evening, but other parts showed her kissing him and leaning into him, the judge said.
She said there could be some question as to the clarity with which the woman communicated lack of consent, and whether she went to Wang’s room knowing Gao would join them.
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Justice McCallum said nothing in her judgment “should be taken as an expression of doubt as to (the woman’s) truthfulness”.
She said the “principal concern” was that Gao was a flight risk. She said that with regard to the $3 million being offered up as surety “one must be sceptical” as he was such a wealthy person.
“The charges faced by the applicant are very serious and would undoubtedly result in the imposition of a lengthy term of imprisonment if the applicant is found guilty … That is a strong incentive to flee,” she said.
Justice McCallum said that as Australia had no extradition treaty with China if he were to flee he would not be able to be brought back to face the charges.
The court heard evidence that in Chinese culture, absconding was associated with guilt, and that if Gao was to flee, it would not only be impossible for him to work as an actor he would be “despised so much” it would be impossible for him to work anywhere.
When released, Gao must comply with strict bail conditions including that he reside at the Chatswood apartment being rented by his movie star wife who has moved to Australia with their daughter, report twice daily to Chatswood police station, surrender his passport, surrender the passports of his daughter and mother who will also live in Australia, only operate one mobile phone, and not go within 100m of Sydney International Airport.
He will also be required to put up $3 million surety and be electronically monitored.
The court heard Gao would stay behind bars for another seven to 10 days as he waits for sureties to be arranged and for his electronic anklet.
His case will return to court next month.