Sydney police officers accused of attempted rape on schoolgirl bailed
A court heard one of the officers met the schoolgirl while he was on duty before he allegedly attempted to have anal sex with her against her will while the other officer pinned her down in a Sydney hotel room.
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Two police officers who allegedly tried to sexually assault a teenage girl in a hotel room after one of them met her on duty when she was in her school uniform have been granted bail.
James Delinicolis, 29, and Angelo Dellosa, 30, appeared in Central Local Court on Tuesday three weeks after being charged with multiple offences including attempted aggravated sexual assault in company over the incident in March.
The court was told Delinicolis first met the schoolgirl when he was on duty and she was in her school uniform at a bus stop before they met again at the Ramada Hotel in Cabramatta.
Crown prosecutor Sally Stuart told the court Delinicolis allegedly attempted to have non-consensual anal sex with the girl while Dellosa pinned her down in the room.
“She made it extremely clear and said no several times and was held down against her will by the co-accused (Dellosa),” Ms Stuart said.
“Her lack of consent was made very clear.”
Ms Stuart told the court a second charge of possessing child abuse material with intent to breach related to filming the incident and that Delinicolis checked out of the hotel while he was on duty.
Delinicolis’ defence lawyer Phillip Strickland SC said his client and Dellosa had consensual sex with the girl in the hotel room.
“At the hotel when the intercourse occurred there were sexual acts done consensually before the alleged offence and after the alleged offence,” he said.
“A jury will be instructed to look at the entire episode at the hotel.
“She’s agreed to have consensual sex with both of them at the time – after she claims it was non-consensual.”
Defence lawyer Matthew Breeze and solicitor Fadi Abbas argued Dellosa’s moral culpability was lower than his co-accused because he hadn’t been involved in organising meeting up.
“It’s not alleged my client procured the complainant into the hotel,” Mr Breeze said.
“My client is alleged to have become involved very much towards the end of the episode in the hotel room.”
Magistrate Margaret Quinn granted bail for both the officers, who are both married with children, given their lack of criminal records and strong community ties.
However, she warned a full-time prison sentence was likely if they were convicted of the charges and said it appeared the prosecution case was strong.
In granting Delinicolis bail, Ms Quinn said: “I can’t say that’s a weak case at all, it may well come under challenge to consent issues, but I can’t say it’s a weak case.”
Delinicolis must forfeit $500,000 in surety and Dellosa must forfeit $20,000 before they can walk free from Silverwater jail where they have been held on remand.