No bail for security guard accused of act of indecency with girl, 3

Direct Factory Outlet DFO at Homebush to go with story about DFO going bust in Melbourne and how it may affect operations in Sydney. SMH News.18082010. Photo by Tamara Dean DIGICAM 133031 Photo: Tamara Dean In the midst of the pre-Christmas rush, security guard Mohammad Hassan Al Bayati??? led a three-year-old girl from a Sydney shopping centre playground into a locked stairwell.

There were no cameras inside the stairwell at DFO Homebush, where Mr Al Bayati and the girl remained for 11 minutes on Sunday, December 18, last year.

But the girl allegedly made a disclosure to her father later that day.

In an interview with police, Mr Al Bayati allegedly admitted taking the girl down the secluded corridor, but he denied allegations that he had performed an indecent act or exposed himself to her.

Police charged Mr Al Bayati with committing an act of indecency with a child under 16, and take and detain with intent to obtain advantage. He was remanded in custody on December 22.

On Thursday, the Crown and Mr Al Bayati’s barrister Jeffrey Clarke told the NSW Supreme Court they had agreed on a set of bail conditions that would allow him to leave jail after five months in custody.

But Justice Julia Lonergan refused to sign off on the release application.

Due to the “nature and seriousness of the offence” and the “strength of the prosecution case”, Justice Lonergan said she would not make the proposed consent orders without hearing further submissions from Mr Clarke.

Mr Clarke had said Mr Al Bayati had no criminal history and strict conditions could ameliorate the risk of his failure to attend future court hearings.

The conditions included that he would not apply for a passport, would report twice a week to Macquarie Fields police station and would live at a court-approved address.

But Justice Lonergan said: “I am not convinced that is the case.”

Mr Al Bayati, dressed in prison greens with a bald head and a goatee, appeared via video link from the Metropolitan Reception and Remand Centre at Silverwater Correctional Centre.

After an adjournment, Mr Clarke formally withdrew the bail application, meaning Mr Al Bayati can apply again at a later date.

During Mr Al Bayati’s first appearance in Campbelltown Local Court, a magistrate heard the girl and her older sister had been dropped at a children’s playground while their mother did her shopping.

Police allege that about 30 minutes later Mr Al Bayati, dressed in his centre security uniform of a white collared shirt, black pants and shoes, approached the girl in the playground.

He allegedly spoke to her for two minutes before he was spotted on CCTV footage holding her hand and guiding her away from the playground.

Cameras from inside DFO Homebush allegedly show Mr Al Bayati then walking down one of the centre’s corridors and into a locked fire exit stairwell.

There were no cameras inside the stairwell, where Mr Al Bayati and the girl remained for 11 minutes.

It is here police allege Mr Al Bayati exposed himself to the girl and performed an indecent act in what prosecutors described as an “opportunistic attack”.

Mr Al Bayati then returned the girl to her mother after the girl’s older sister raised the alarm with centre management that she had been missing.

It was only later that day that the girl told her father what had allegedly happened.

“The child made disclosures about an act of indecency and stated that she was ‘taken by a policeman’ who was going to take her to her mum,” police documents before the court state.

Mr Al Bayati gave an interview to police in which he admitted that he did breach the centre protocol by finding a lost child and taking her down the secluded corridor.

But he denied allegations that he had performed an indecent act or exposed himself to the girl.

“The accused could not provide investigators with any explanations for the unaccounted 11 minutes inside the stairwell with the child,” police documents stated.

Mr Al Bayati was supported in court by a number of people.

He will reappear at Burwood Local Court next month.

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