Niyamatullah Niyamatullah: Punchbowl man on sex assault charge
A 26-year-old is alleged to have grabbed a teenage girl by the neck before pouring rum and Cola down her throat. Police allege he then pinned the girl down and sexually assaulted her.
The Express
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A 26-year-old man accused of sexually abusing a minor told police he formed the relationship with the intention of marrying her, a court has heard.
Niyamatullah Niyamatullah, a refugee who has lived in Australia for six years, faced charges of aggravated sexual assault with a victim under the age of 16 at Burwood Local Court on January 31.
He has been in custody since last Thursday after police arrested him outside his Punchbowl unit.
Police allege Niyamatullah, who appeared via audio-video link wearing prison greens, formed a relationship with a 15-year-old girl over social media.
It is alleged he bought and drank alcohol with her the first time they met and then sexually assaulted her at his apartment on January 29.
“(He) grabbed the victim around the throat, opened a can of Bundaberg Rum and Cola and poured it down her throat,” according to a successful AVO application filed by the victim.
“The accused forced the victim into his bedroom, ripped her pants off over her shoes and pinned the victim down on his bed by holding her arms.”
He is then alleged to have sexually assaulted her.
Niyamatullah then left the unit and went to work, according to allegations in the AVO documentation.
“Upon the accused leaving, the victim has opened a sliding door and jumped from a balcony over a fence and walked on the street, where she approached a member of the public and disclosed the incident.”
Niyamatullah’s legal aid representative filed for bail, arguing he has a clean record, strong ties to the community and is financially secure.
“The allegation is denied,” she added.
“The essence of the prosecution case would rely on the evidence of the complainant … The facts refer to (her) suffering from a cognitive impairment, the exact details of that condition are to be confirmed.”
Magistrate Daniel Reiss interjected: “He’s made admissions about having contact with her … he said it was in the intention of forming a relationship and marrying her.”
Niyamatullah’s defence representative said consent — not contact — would be the issue.
The court heard Niyamatullah, who left Myanmar by boat after his family was assaulted and killed, owns a $200,000 property unencumbered by a mortgage in Adelaide.
“The refugee?,” Magistrate Daniel Reiss asked. “He’s doing very well.”
The prosecution rejected Niyamatullah’s application for bail.
“This is a premeditated sexual assault of a 15-year-old girl,” the police prosecutor said.
“He has no community ties. Might have a property in this country and a job, but that’s about it.”
The prosecutor told the court Niyamatullah was actively looking for a young bride.
“We went through (Niyamatullah’s) phone and found other messages where he had messaged other young looking females,” he said.
Magistrate Reiss said the prosecution had a strong case.
“It’s said here that the accused expressed his concern … a number of times that the complainant was under the age of 18,” he said, “and yet he … met her for the first time in person to purchase a large amount of alcohol that’s captured on the store’s CCTV footage.”
He singled out the “crucial” importance the results of a sexual assault test will have over the outcome of the hearing, and noted the court may have to wait weeks for their availability.
“Looks like it’ll be a delay of a number of months, maybe six months, before this matter is finalised,” Mr Reiss said.
“If convicted, it’s likely to be a very lengthy custodial sentence.”
Mr Reiss refused Niyamatullah’s application for bail. He will appear again before Burwood Local Court in March.