A RIDESHARE driver accused of picking up young, drunk women before taking one to a secluded area at Birmingham Gardens and sexually assaulting her in the early hours of Saturday morning has been denied bail in court.
Andrew Searles, 34, fronted serious allegations of taking someone with intent to obtain an advantage and sexual intercourse without consent at Newcastle Local Court on Monday.
The court heard that despite telling the girls he was a rideshare driver, Searles picked them up without using the app and offered to drive them around for free.
Between 2:15am and 3am on Saturday, it's alleged Searles drove the girls to a McDonalds and told one of them to remain in the car before driving her to Transfield Avenue at Birmingham Gardens.
It's there that police allege she was sexually assaulted.
Searles' defence lawyer Jordan Moussa told the court his client had no criminal record and argued the intercourse was consensual.
"One of the persons in the car complains of having feared the behaviour of the accused yet let the accused and complainant drive away," he said.
"It is a one-on-one case that will go to trial and he needs to be at liberty to prepare for that."
Mr Moussa argued his client would face more difficult conditions in custody because of the nature of the allegations.
Police prosecutor Josh McIlveen said Searles posed an "unacceptable risk" of failing to appear in court, endangering the community and interfering with witnesses.
"When looking at the circumstances, the defendant is saying he is an Uber driver but doesn't use the app when picking up the complainant and her friends," he said.
"He's driving these witnesses around to multiple locations who are intoxicated at the time."
Magistrate Ian Cheetham said he believed the prosecution had a strong case.
"The complainant has denied it was consensual and indicated she has never been in this position, has had no such sexual activity in her life and she is 18 years of age," he said.
"What he relies on is an argument about consent, otherwise he admits the conduct generally, but there appears to be an inducement to get them in the vehicle - saying some things to them that were not honest and arranging for one girl to remain with him and driving away."
Magistrate Cheetham refused Searles' bail and ordered him to face court again in June. He is yet to enter any pleas.
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