Our 33-year-old client worked as an Uber taxi driver on a part time basis while also working full time in a restaurant. He was struggling to pay his daily living expenses. One night, after finishing his restaurant shift, he commenced his Uber driving shift.
Our client at her request from an Uber app picked her up from the nearby RSL club. She was intoxicated from alcohol at the time. During the trip, she commenced having sexual conversations with our client about her personal sex life. Once Our client got to her home, she asked him to stop a few meters away from her home because her partner was home. During this time, she touched our client’s hands, thighs and penis before making him ejaculate in the Uber car.
Our client at first resisted but later went with it. The woman later complained to her partner that she was raped, and her partner then called police.
As a result, the police approached our client, and arrested and charged him with sexual touching without consent. Our client told the police that he didn’t do anything wrong and that it was consensual. The police took her side.
This attracted news and media attention tarnishing our client’s reputations while maintaining his innocence.
In the result, he approached our Principal lawyer Jimmy and Senior lawyer Ahmad from CDLA.
Ahmad and our instructed senior counsel barrister Margaret Cunneen prepared the case around the clock. Held multiple meetings to provide continued guidance and advice throughout the proceedings to ensure our client was kept up to date and informed. We firmly believed that our client was innocent.
After many months of preparation, the matter proceeded to a defended hearing at the Parramatta Local Court. The prosecution declined to withdraw the charge.
Our defence team fought relentlessly. She was thoroughly cross examined which significantly affected her credibility in the witness stand. The preparation and aggressive approach in the hearing against the prosecution contributed to the Magistrate Ultimately returning a ‘not guilty’ verdict. The sexual touching assault charge was dismissed and our client, who was relieved after a long drawn out covid delayed legal proceedings, was able to move on with his life and attempt to now restore his reputation amongst family and friends.
It was clear from the evidence that the alleged victim was making false sexual assault claims against our client. This is not uncommon. It does happen, and it then requires careful preparation and close attention to detail in defending these types of serious allegations.