A former immigration detainee released by the Supreme Court late last year allegedly offered a female motel guest “a massage” before indecently assaulting her, court documents allege.
Afghan refugee Aliyawar Yawari, 66, was arrested on December 2, just days after the Supreme Court ruled that he and about 150 other detainees could not be held indefinitely and were thus granted their freedom.
He has been charged with two counts of indecently assaulting a fellow guest at a Pavlos Motel he was staying at in Adelaide’s north.
Court documents, revealed by the Adelaide Advertiserdetail the woman’s allegations that Yawari offered her a massage in his room, which she accepted until he made unwanted sexual contact with her.
Afghan refugee Yawari, 66, was arrested just days after being released from immigration detention by a Supreme Court ruling
According to the documents, 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 followed, saying “please, please, please forgive me.”
Earlier in the day, the woman said she met Yawari after having trouble getting into her room, which he helped with.
The pair then bonded and told each other about their lives while smoking cigarettes and having lunch together.
“She felt like they were building a friendship,” the documents state.
The court documents further allege that the woman said this around 9:30 p.m was sitting outside her room when Yawari offered her a massage in his room, which she agreed to.
It is alleged that she then lay on her back on the bed in his room before Yawari began rubbing the woman’s legs for about two minutes, but then “moved both his hands down the front of her pants and over her underwear.” .
Police allege in the documents that Mr Yawari allegedly tried to rub her under her underwear, after which she told him ‘no’.
“The victim alleges that the suspect then attempted to kiss her by moving his head forward, but she moved hers away so he could not,” the documents allege.
“The suspect then rubbed the victim’s chest for two seconds before she said ‘no’ and pushed him back with her hand,” the documents allege.
She then fled the room and called the police.
Yawari is accused of committing indecent assault against a female guest at an Adelaide motel where he was staying
Police said upon arrival they identified Yawari as the suspect and that he had a ‘Correctional Service NSW home detention monitoring bracelet on his left ankle’.
“Border Force subsequently confirmed that the suspect had been issued the bracelet and was under surveillance in New South Wales,” police said.
“They further confirmed that the suspect is legally resident in Australia on a Bridging Visa R.”
During a hearing on Friday in the Elizabeth Magistrates Court in Adelaide, Yawari withdrew a bail application because he has not yet found suitable accommodation.
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.
Lawyer Vageli Dimou, who appeared for Yawari, intervened while speaking in Persian and told magistrate Oliver Koehn that he would speak to his client later.
Yawari was sentenced to three years and 11 months in prison in 2016, 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 in December to fire Home Secretary Clare O’Neil (pictured) and Immigration Minister Andrew Giles (pictured)
He was then transferred to immigration detention, where he remained until his release in November.
Of the 150 prisoners released since the Supreme Court ruling, at least nine have been arrested and charged with crimes.
Following the rash of alleged crimes among former inmates, the federal government introduced new preventive detention measures in December, giving law enforcement agencies the power to detain high-risk offenders.
The government has also established a Community Protection Board to provide advice on dealing with former prisoners.
Opposition Leader Peter Dutton called on Prime Minister Anthony Albanese in December to fire Home Secretary Clare O’Neil and Immigration Minister Andrew Giles.
‘The minister has made catastrophic mistakes in his decision-making and now that they have released a total of 147 people, with a potential of 340 (more), the chance of attacks, and given the cohort, the nature of these people, the high “With the brutality of some of the perpetrators, there is a very good chance that there will be more victims,” Peter Dutton told Adelaide radio.
“It’s avoidable and it’s a tragedy.”
Ms O’Neil hit back at Mr Dutton, saying he had voted against a bill that would have tightened controls on child sex abusers.
“A bill that Labor put forward to criminalize pedophiles standing in front of schools, the Leader of the Opposition and his team voted against it, and you can’t hide from that,” she said in Parliament on November 30.
Attorney General Mark Dreyfus said the government had no choice but to release the non-citizens.