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Woman texted ‘help’ before allegedly being raped by Uber driver: court

A woman sent her boyfriend a text saying “help” before she was allegedly raped by an Uber driver on her way home from work, a court has been told.

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A woman sent her boyfriend a text message saying “help” before she was allegedly sexually assaulted by an Uber driver during an early morning trip, a court has been told.

Mohamad Pili-Bake, 48, was arrested in May, six days after he allegedly sexually assaulted the young woman inside his car at a suburban park, and has been charged with serious offences.

The court was told that Mr Pili-Bake picked up the woman after she finished work in Sydney’s inner west about 7am before driving her to her home where he asked to kiss her.

Supreme Court Justice Richard Cavanagh told the court on Wednesday that while in the car, the woman sent her boyfriend a message saying: “Help. Uber outside.”

The woman says she “froze in fear” and alleges Mr Pili-Bake began kissing her without her consent, the court was told.

The Birrong man then drove her to a park where the woman alleges she was sexually assaulted in the back seat.

Mr Pili-Bake claimed that any sexual contact was consensual, his barrister Ian Lloyd told the court on Wednesday.

It was not in dispute that sexual intercourse took place, Mr Lloyd said.

The Iranian-born man on Wednesday morning watched on from Long Bay Correctional Complex, wearing prison greens, as his application to be released on conditional bail was denied by the NSW Supreme Court.

A woman alleges she was sexually assaulted in her car by a Sydney uber driver. Picture: NCA NewsWire / Jenny Evans.
A woman alleges she was sexually assaulted in her car by a Sydney uber driver. Picture: NCA NewsWire / Jenny Evans.

He has been charged with sexual intercourse without consent and sexually touching another person without consent and is facing a maximum of 14 years in jail if convicted.

Justice Cavanagh described the Crown prosecution case against Mr Pili-Bake as “strong”, and he noted a letter from the woman in which she said she had been hospitalised as a result of the incident and feared for her safety if he was released.

The court was told that immediately afterwards she reported the alleged sexual assault to her mother and police and was taken to hospital where she was treated.

Police argue their case is supported by GPS data, CCTV, partial admissions made by Mr Pili-Bake as well as credible evidence from the woman, the court was told.

Mr Pili-Bake claimed that when he had driven her home, the woman was asleep in the front seat and when she woke she asked to be driven to a second location, where she fell asleep again, the court was told.

Mr Pili-Bake said he went into the back seat to rest while he waited for the woman to wake and when she did she went into the back seat and engaged in sexual activity with him.

“He says the encounter lasted less than 10 minutes and during the whole event the complainant kept falling asleep and waking up and whenever she woke up she continued to engage in sexual activity with him,” Justice Cavanagh said.

“He says the encounter was unwanted by him and he attempted to refuse the advances.”

Mohamad Pili-Bake was denied bail inside the NSW Supreme Court on Wednesday. Picture: NewsWire/Bianca De Marchi.
Mohamad Pili-Bake was denied bail inside the NSW Supreme Court on Wednesday. Picture: NewsWire/Bianca De Marchi.

Mr Lloyd proposed strict bail conditions, including that Mr Pili-Bake report daily to police, not work as an Uber driver but be allowed to work as a baker, provide a surety, abide by a curfew and wear an ankle monitoring bracelet.

He had no criminal history, the court was told.

The Crown opposed the bail application, partly on the grounds that he was a risk of fleeing to his native Iran where his parents still live.

Mr Lloyd argued that Mr Pili-Bake had immigrated to Australia as a refugee in 1999 and had strong community ties to Sydney, including with his ex-wife and family, arguing he was not a flight risk.

“The tracking bracelet is there as a strict condition of the bail and I don’t have to tell Your Honour about the tracking bracelet. Although there’s been the odd case where they’ve been cut off, that’s the very odd case,” Mr Lloyd said.

“One of mine, Mr Lloyd … He was found in a boat in Darwin,” Justice Cavanagh replied, in reference to a man whom he had released on bail.

Justice Cavanagh denied Mr Pili-Bake’s bail application, saying: “I’m not satisfied any of the proposed conditions sufficiently ameliorate the concerns that I have.

“As I have emphasised, this is a case which, on the face of it, appears to be a strong prosecution case. In circumstances in which the applicant was supposed to be dropping the complainant at her home, he’s obviously aware of her home.”

Mr Pili-Bake will return to court later this month.

Original URL: https://www.news.com.au/national/nsw-act/courts-law/woman-texted-help-before-allegedly-being-raped-by-uber-driver-court/news-story/70868181d217b2921ed66e73df498891