A man is behind bars after he allegedly raped an intoxicated teenager in a dirty underpass before leaving the area on an electric scooter.
Sirus Kheyri, who has pleaded not guilty to a sexual intercourse without consent charge, applied for bail in the ACT Supreme Court on Wednesday.
In documents tendered to the court, police outline how the alleged victim, a vulnerable 16-year-old girl, has spent nearly her entire life in foster care and youth refuges.
On the night in question, in October 2022, she and two other girls were drinking from a five-litre bladder of white wine in a stairway near Westfield Belconnen.
According to police, Kheyri later arrived at this place and began talking to the 16-year-old.
The documents state that the pair eventually walked to a poorly lit underpass on Lathlain Street, with the girl appearing "dishevelled" and "uneasy on her feet" as they went.
In the underpass, which had a concrete floor "covered in dirt", Kheyri allegedly raped the teenager.
The girl is said to have been "unable to walk unassisted" as she subsequently returned to the shopping centre with Kheyri.
One of the other girls, who was still there, ended up calling police once Kheyri, 28, had left.
This girl reported that the 16-year-old was heavily intoxicated and "about to pass out".
At roughly the same time, the alleged victim is said to have fallen backwards off a retaining wall and hit her head on some concrete.
The bladder of wine, which would ordinary contain about 36 standard drinks, had only about one-and-a-half left in it when police arrived.
Paramedics ultimately took the alleged victim to hospital, where she spent the rest of the night.
She allegedly had no recollection of having sex with Kheyri, whose charge alleges he was reckless as to whether the 16-year-old consented.
On Wednesday, defence lawyer Andrew Fraser proposed that Kheyri be granted bail to live with family members in O'Connor or Kaleen.
But Justice Verity McWilliam said she had no information about whether the relatives who lived at the proposed addresses would be happy to have Kheyri there.
She ultimately adjourned Kheyri's bid for freedom until Friday to allow Mr Fraser time to obtain evidence about the addresses and respond to a police bail consideration form.
The document was described as containing "explosive" allegations about Kheyri's time on remand.
Mr Fraser said the 28-year-old denied the form's claims, which were not detailed in open court.
