Security guard’s sick act to young girl at Sydney DFO

A security guard who exposed his penis to a three-year-old girl at a DFO outlet in Sydney has been jailed, with her family struggling to move on from the incident.

The family of a three-year-old girl say they are struggling to recover and will “never be the same again” after a vile security guard exposed his penis to her during a Christmas shopping trip in Sydney.

Mohammad Hassan Al Bayati, 33, was sentenced in Sydney’s Downing Centre District Court on Friday afternoon, bringing an end to the long-running case that which once got the attention of former prime minister Scott Morrison.

The Iraqi man was earlier this year found guilty by a jury of take/detain a person to obtain advantage and committing an act of decency on a victim under 10 years.

The court was told he led the girl into a stairwell at the Direct Factory Outlet at Homebush after she was found in the centre’s play area along with a sibling in December 2016.

CCTV played to the jury showed Al Bayati taking the girl by the hand and leading her into a stairwell.

He and the child disappeared from the view of CCTV cameras for 11 minutes when he exposed himself to her.

Mohammed Hassan Al Bayati during his police interview. Picture: NSW Police

“He took and detained the victim for his sexual gratification,” Judge Christopher Robinson said in a judgment handed down on Friday afternoon.

“When one carefully views all the evidence, it is clear to me that he had a sexual interest in the victim.

“I am mindful of the victim’s age as well as that of the offender, who would have been trusted to find her mother.”

The court was told that after the incident, the girl was returned to her mother who had arrived at the play area after completing her Christmas shopping.

Al Bayati has faced three trials over the allegations.

Following his second trial, he was in 2019 jailed for up to 4½ years after a jury found him guilty of indecent assault, committing an act of indecency and taking a child to obtain advantage.

He was jailed by NSW District Court Judge John Pickering with a 2½ year non-parole period.

However, earlier this year, Al Bayati had his convictions overturned by the state’s highest court, the Court of Criminal Appeal.

CCTV of Al Bayati with the young girl. Picture: Ten News

The Court of Criminal Appeal found that his indecent assault conviction was not supported by the evidence and ordered that he be acquitted.

It also ordered that his convictions for the other two lesser counts be quashed and that he face a retrial on those charges.

He faced trial earlier this year and pleaded not guilty; however, a jury took just two hours to return a guilty verdict on one count of take/detain a person to obtain advantage and committing an act of decency on a victim under 10 years.

The court was told he exposed his penis to the young girl, who later told her parents that Al Bayati was “touching his needle”.

Crown prosecutor John Sfinas conceded it could not be established if Al Bayati was masturbating or whether his penis was erect or flaccid at the time.

Judge Robinson said Al Bayati prioritised “his own sexual interests over and above” his duty to return the girl to her family.

In a victim impact statement, the victim’s parents said their “peaceful family life had been destroyed and will never be the same again.”

“It will take time, most likely years, to recover from this,” Judge Robinson said.

The court heard Al Bayati had a tormented life before he came to Australia by boat as a refugee from Iraq which included seeing a headless corpse.

However Judge Robinson said he found it difficult to find a connection between a “deprived background” and his crimes.

“It’s important to bear in mind the young child, at least initially, felt somewhat comfortable with the offender escorting her to where count two was committed behind closed doors.”

As a result of his conviction, Al Bayati risks languishing indefinitely in immigration detention.

Following Al Bayati’s first 2019 conviction, the Australian government cancelled his permanent protection visa.

Three years ago, then-prime minister Scott Morrison threatened to deport Al Bayati following his conviction.

“It doesn’t matter if you are on a permanent protection visa or any other, this is a sickening crime and this person has no business being in this country,” Mr Morrison said at the time.

However, according to Al Bayati’s barrister Morgan Hunter, the government’s position is it would not send him back to Iraq because of the risk of persecution.

His lawyers are also doubtful of him being given a visa by a third country because of the sexual nature of his offending.

And unless the Australian government decides to rescind the cancellation of his visa, he would languish in immigration detention indefinitely.

The court heard that he has already been in custody for three years, seven months and 16 days.

Judge Robinson on Friday sentenced Al Bayati to four years in jail with a non-parole period of two years and three months.

It means that he was first eligible to be released in April 2021.