Sarkis Elbayeh: Double Bay sex assault accused in court

A man accused of sexually assaulting a woman outside an eastern suburbs nightclub had his most serious charge dropped and his bail varied so he can celebrate his brother’s wedding.

UPDATE

A Parramatta man accused of sexually assaulting a woman in the eastern suburbs will be allowed to attend a wedding despite still facing a raft of serious charges.

Sarkis Elbayeh, 37, will attend the impending nuptials of his brother on December 18 first at a church in Punchbowl followed by a reception at the Renaissance Westella Grand Ballroom in Lidcombe.

The glittering ballroom boasts a Swarovski crystal chandelier and can accommodate up to 800 guests.

The Grand Ballroom at the Renaissance Westella in Lidcombe

Elbayeh is accused of sexually assaulting a woman in the carpark outside a Double Bay nightclub in June.

When the case was mentioned in Downing Centre Local Court on Thursday (October 14) the most serious charge of aggravated sexual assault and deprivation of liberty was dropped by the prosecution.

The accused still faces four charges of sexual intercourse without consent and two counts of sexual touching without consent.

When first arrested, Elbayeh was originally denied bail, however has since gained his liberty and is staying at a home on Victoria Road as the proceedings progress.

In addition to granting permission to attend the wedding, Deputy Chief Magistrate Michael Allen also varied Elbayeh’s curfew from the orginal 6pm to 6am to now 10pm to 5am.

He remains banned from entering the Eastern Suburbs Police Area Command except when on business for his demolition company or visiting his doctor at Double Bay.

EARLIER

A man accused of sexually assaulting a woman in a Double Bay car park allegedly used drugs to “achieve his ends”, a court has heard.

Construction manager Sarkis Elbayeh, 37, of Parramatta was arrested and charged with aggravated sexual assault following a night out in the eastern suburbs.

The court heard the alleged victim was introduced to Elbayeh by a third party and she joined him inside a VIP booth of a licensed venue and socialised with him and his friends.

Generic image of Cross St, Double Bay. Picture: John Appleyard

Elbayeh’s barrister Ertunc Ozen SC, who indicated to the court his client would fight the charges, said CCTV footage would depict the woman showing no signs of distress when in the company of the Parramatta man.

Court documents state the alleged sexual assault took place at a carpark on Cross St, Double Bay between 11pm Saturday and 2am Sunday. The offence allegedly took place under circumstances of aggravation, with documents stating Elbayeh “deprived the liberty of the victim for a period before the commission of the offence”.

The court heard Elbayeh accepted sexual contact took place between himself and the alleged victim, but would argue it was consensual.

Mr Ozen said Elbayeh was the operations manager of a construction company which would lose $300,000 if refused bail, as the 37-year-old was the sole holder of a demolitions licence. The loss of work would also result in employees losing their livelihoods, the court heard.

Parramatta Local Court

Mr Ozen also made the case that Elbayeh would be at “extreme risk” of contracting COVID-19 if the virus infiltrated the state’s prison system as he suffered respiratory issues such as sleep apnea.

The police prosecutor opposed bail, with one of the concerns being he would contact the alleged victim.

Magistrate Andrew George described the allegation as “most serious”.

“It is troubling … (the allegation) of the use of drugs to achieve his ends,” he said.

“(He) has a real strong reason not to answer his bail. If he is convicted of this offence, he will be facing a very lengthy jail term.”

Elbayeh was ultimately refused bail and will appear at Central Local Court next week.