A former immigration detainee who was released by the Superior Court late last year allegedly offered a motel guest “a massage” before indecently assaulting her, court documents claim.
Afghan refugee Aliyawar Yawari, 66, was arrested on December 2, just days after the High Court ruled that he and 150 other detainees could not be held indefinitely and were therefore granted freedom.
He has been charged with two counts of indecent assault on a fellow guest at a Pavlos motel he was staying at in Adelaide’s north.
Court documents, revealed by The Adelaide Advertiserdetails the woman’s accusations that Yawari offered her a massage in his room, which she accepted until he had unwanted sexual contact with her.
Afghan refugee Yawari, 66, was arrested just days after being released from his immigration detention center by a High Court decision.
The documents claim police were called to the hotel around 10 p.m. after the woman said she fled Yawari’s room after rejecting his advances and he continued to say “please, please forgive me.”
Earlier in the day, the woman said she met Yawari after having trouble getting into her room, which he helped her with.
The couple then bonded and told each other about their lives while smoking cigarettes and having lunch together.
“She felt as if they were creating a friendship,” the documents state.
It is further alleged in court documents that around 9:30 p.m., the woman says that She was sitting outside her room when Yawari offered her a massage in her room, to which she agreed.
He then allegedly lay face up on the bed in his bedroom before Yawari began rubbing the woman’s legs for approximately two minutes, but then moved “both hands down the front of her pants and up her underwear.” “.
Police claim in documents that Yawari allegedly tried to rub under her underwear and at that point she told him “no.”
“The victim states that the defendant attempted to kiss her by moving his head forward, but she moved his head away and he was unable to,” the documents state.
“The defendant then proceeded to rub the victim’s chest for two seconds before she said ‘no’ and pushed him back with her hand,” the documents state.
After that, she fled the room and called the police.
Yawari is accused of committing indecent assaults against a guest at the Adelaide motel where he was staying.
Police said when they arrived they identified Yawari as the suspect and said he had a “New South Wales Correctional Service home detention monitoring bracelet on his left ankle.”
“Border Force then confirmed that the accused had been fitted with the bracelet in New South Wales and was subject to surveillance,” police said.
“They further confirmed that the defendant is legally in Australia on a Bridging R Visa.”
At a hearing on Friday at the Elizabeth Magistrates Court in Adelaide, Yawari withdrew a bail application because he has not yet found suitable housing.
Earlier, Yawari told the Adelaide Magistrates Court he is “diabetic” and “couldn’t breathe” while on remand for allegedly indecently assaulting a woman.
Appearing via video link, Yawari appeared animated and spoke in Persian with a Persian interpreter.
Defense lawyer Vageli Dimou, appearing on behalf of Yawari, intervened while speaking in Persian and told magistrate Oliver Koehn that he would speak to his client later.
Yawari was sentenced in 2016 to three years and 11 months, with a non-parole period of two years and eight months, for a series of attacks on women.
Opposition Leader Peter Dutton called on Prime Minister Anthony Albanese to sack Home Affairs Minister Clare O’Neil (pictured) and Immigration Minister Andrew Giles (pictured) in December.
He was then transferred to an immigration detention center, where he remained until his release in November.
Of the 150 detainees released since the Superior Court decision, at least nine have been arrested and charged with crimes.
Following the explosion of alleged crimes committed by former detainees, the federal government legislated new preventive detention measures in December, giving law enforcement the power to lock up high-risk criminals.
The government has also created a Community Protection Board to provide advice on how to deal with former detainees.
Opposition Leader Peter Dutton called on Prime Minister Anthony Albanese to sack Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles in December.
“The minister has made catastrophic errors in his decision making and unfortunately now that they have released 147 people in total, with a potential of 340 (more), the probability of attacks, and given the cohort, the nature of these people, the high “Given the cruelty of some of the crimes, it is very likely that there will be more victims,” ​​Peter Dutton told Adelaide radio.
“It’s avoidable and it’s a tragedy.”
Ms O’Neil responded to Mr Dutton, saying she had voted against a bill that would have tightened controls on child sex abusers.
“A bill that the Labor Party brought forward to criminalize pedophiles outside schools, the opposition leader and his team voted against, and there is no hiding from that,” he said in parliament on the 30th. of November.
Attorney General Mark Dreyfus said the government had no choice but to release the noncitizens.