An uber driver represented by Mr Faraj was charged with an offence of sexual touching when a passenger he picked up from the Bella Vista Hotel, made allegations to police that she was touched as she was drunk in the front seat of the car.
The man denied the allegations and maintained that any sexual touching between them, was consensual as the woman in fact instigated any sexual talks/acts.
During the drive home, she was telling Mr Faraj’s client, a complete stranger to her, about her private sexual life with her partner at the time.
During the hearing, her version was picked apart as the way she was describing the sexual acts, could only have occurred if she was the one who in fact instigated it. Further to this, there were exceptional inconsistences in the versions she gave to the police and under cross-examination. The complainant was evasive and could not explain very simple holes in her version.
It was put to the court that on the evidence it has seen, it is more likely that she was the one who instigated the sexual acts and therefore, Mr Faraj’s client could not have been deemed to take advantage of her and be convicted.
The court in a lengthy judgement, agreed and Mr Faraj’s client was found not guilty of this offence.
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