A male nurse has been granted bail for sexual assault charges at Liverpool Local Court.
Ali Khamis Moh'd is alleged to have assaulted a patient at Norwest Private Hospital while she was recovering from heart surgery.
He is also charged with sexual touching of two other patients, including a 67-year-old female.
A surety agreed to deposit $50,000 on his behalf as part of the release application.
Sexual Assault Charges at Liverpool Local Court
The 42-year-old was arrested on 1 April on aggravated sexual touching charges involving a 67-year-old woman who was awaiting heart surgery at Nepean Hospital in March.
The allegations related to a female patient in Sydney's north-west, in September last year. In a press statement, police said the complainant had been awaiting heart surgery at the time of the offence.
Police also allege that he groped a 21-year-old nursing student at the same hospital in December 2018. The nursing student claimed she was on shift during the incident.
The arrest has shocked staff at the hospital.
Bail Application at Liverpool Local Court
Moh'd made a bail application at Liverpool Local Court where a $50,000 surety was offered on his behalf.
His bail conditions include a prohibition on contact with the alleged victims and all employees from each hospital. Criminal lawyers in Liverpool explain that this may create difficulties for his defence, as he is prevented from contacting potential witnesses.
He was required to surrender his passport and is also not allowed to leave NSW, or go within 1km of an international point of departure. He must also report to Macquarie Fields Police Station three times per week.
His next court date is 22 April.
Sexual Intercourse Without Consent Charges at Parramatta
He is also facing two counts of aggravated sexually touching, aggravated incite another to sexually touch them, and sexually touch another person without consent.
Police released video of the nurse being taken in custody for the second time in weeks on Friday morning.
The video shows the handcuffed accused being calmly escorted by two plain clothes officers from a modern suburban home into the back of a waiting police van parked on the kerb.
Sexual Assault Charges
The definition of sexual assault is engaging in sexual intercourse with another person without their consent. It is contained in Section 61I of the Crimes Act 1900 (NSW).
One of the common defences to sexual assault is identification. If the Crown cannot establish that the Accused was the offender, then the offence cannot be proved. Often experts can be used such as DNA, fingerprint, CCTV and intoxication experts to cast doubt on identification.
The maximum penalty for sexual intercourse without consent is 14 years Imprisonment. There is also a Standard Non-Parole Period which is 7 years imprisonment.
There have been a number of recent examples of these charges being dismissed after an accused retains experienced criminal lawyers. You can read about some of those cases by clicking here.
Sexual assault allegations are far more common today than at any time in the past. Community attitudes have changed shifted, in large part due to the #metoo movement. Unsurprisingly, this has made fighting such allegations more difficult than ever before.