Sharaf Deen Yusuf found guilty of doing doughnuts to scare picnicking family
A man accused of unleashing a tirade of racial abuse on a Muslim family enjoying a picnic has been found guilty of using an offensive weapon to commit an indictable offence. WATCH THE VIDEO OF HIS ARREST.
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A man accused of unleashing a racist tirade of abuse on a Muslim family enjoying a picnic at Bulli Tops has been found guilty of using an offensive weapon to commit an indictable offence, after a magistrate found he used his car in a dangerous manner to intentionally frighten them.
Sharaf Deen Yusuf has been in custody since he was arrested on April 7 last year, after he allegedly subjected a family of 20 people to a tirade of verbal abuse at the Bulli Tops lookout.
According to police, Yusuf – an Australian citizen of Nigerian background – yelled “F**k the Muslims. You’re dead. I’ll f***ing kill you” towards the family before using his car to do burnouts around them, and was subsequently charged with intimidation and use offensive weapon to commit an indictable offence, to which he pleaded not guilty.
After three days of hearing, Magistrate Susan McGowan found Yusuf not guilty of intimidation, and guilty of using an offensive weapon to commit an indictable offence, noting his evidence was “not credible or reliable”.
Over the course of the hearing, the court heard from several witnesses, including three men at the centre of the altercation, Hassan Jbara, his son Mohammed Jbara and son-in-law Daniel Massri.
In giving evidence, each of the men detailed that when they arrived at Bulli Tops, they noticed Yusuf taking pictures of their cars.
Wondering whether he was a council ranger, Mr Massri said his father-in-law approached Yusuf to ask what he was doing.
“He wouldn’t respond so he touched him on the shoulder … maybe thinking he couldn’t hear,” he said. “Then (Yusuf) turned around and said ‘don’t touch me, I’ll f***ng kill you Muslims … I’m the king here’.”
Mr Massri and Mr Jbara said Yusuf then ran to his car, and reached inside, where they told the court he tried to grab something “that looked like a hammer or axe”.
The two men and their father-in-law told the court they tried to detain him in the car until police arrived, and picked up sticks to defend themselves.
It was alleged that Yusuf took off in the car, driving “circles” on the grass just metres from the picnic area. Mr Massri said he returned less than five minutes later, asking for his phone, which he believed had fallen out at some point during the alleged incident.
When he took the stand, Yusuf denied all of the allegations, saying he was the victim, and that he’d never use racial slurs against them as he too was a Muslim.
In giving his version of events, Yusuf admitted to taking photos of the cars, because the family had been “parking aggressively” in the carpark. Mr Yusuf told the court he had been living in his car at the carpark for 9-10 weeks and that he was concerned by their driving when they arrived.
He went on to say that the three men “grabbed him” and that he was fearful he left.
In finding him not guilty of intimidation, Magistrate McGowan said it couldn’t be proven that Yusuf ever said he was going to kill Mr Jbara Snr, noting that he was the only person who heard it. However, she said after watching the body worn vision of Yusuf’s arrest, and hearing his evidence, she rejected his claims “in their entirety”.
“It was not credible or reliable,” she said.
“I found his evidence to be exaggerated and self-serving.
“I do not accept these people parked aggressively. They were not hoons driving around looking for trouble.”
In finding him guilty of the second charge, Magistrate McGowan said the “only reasonable conclusion” to make was that Yusuf did perform doughnuts on the grass, despite him saying he was simply trying to perform a return to flee the area in fear.
“Photos of the scene clearly depict circles in the grass, which is corroborative with evidence given by all the witnesses,” she said.
“The defence said that he was trying to get away, I don’t accept that.”
Magistrate McGowan concluded that Yusuf used his car in a dangerous manner to intimidate the family, and that he did so because he believed they had possession of his mobile phone which had fallen out during the altercation.
After handing down her verdict, Yusuf’s defence lawyer Muhammad Badarne argued his client should be dealt with under mental health legislation and the charges dismissed, given he suffered from a psychotic illness, schizophrenia and bipolar disorder.
However, Magistrate McGowan denied the application, noting he had not complied with previous treatment plans.
He will return to court for sentencing in May.