A restaurant delivery man has faced court accused of raping a sleeping woman / AP Source: AP
AN Indian restaurant delivery driver allegedly raped a sleeping householder after he entered her home with her meal, a court has been told.
Amit Hamal, 21, who claims to be a member of the Nepalese royal family, faced Sydney's Waverley Local Court charged with sexual intercourse without consent at the victim's Rose Bay home on July 16.
Hamal, who was working for the Bay Leaf restaurant at the time, was arrested by Australian Federal Police at Sydney Airport on Monday as he tried to board a flight to Bangkok.
Police allege that on the night of the incident, the 44-year-old victim and her husband had ordered some Indian food but fell asleep.
Police claim Mr Hamal arrived with the food about 11pm and entered through the open front door of her eastern suburbs home.
He is accused of walking into the woman's bedroom and sexually assaulting her while her husband was asleep in the lounge.
Police prosecutor Sergeant Nicole Pinfold told the court the victim had assumed Mr Hamal was her partner when they were having sex.
It was only after she saw Mr Hamal leave through the front door that she got up to find her husband still asleep in the lounge room, the court heard.
The woman tried to wake her partner after the assault but he was fast asleep on the couch.
In applying for bail, Mr Hamal's lawyer Audie Willert told the court his client admitted having "consensual" sex with the woman.
Mr Willert said Mr Hamal arrived at the home to find the door ajar and went inside, where he saw a man asleep on the lounge.
After trying unsuccessfully to wake him, Mr Hamal said he walked into a bedroom where the woman was asleep.
Mr Hamal claims she eventually stirred before taking off some clothing and having consensual sexual activity with him.
"There's no dispute he was there, he says the sexual act was consensual," Mr Willert said.
The lawyer said Mr Hamal, who is married, later telephoned the woman and returned to her house with his wife in the days after the incident "because he was feeling guilty about being unfaithful and wanted to apologise".
"He's either the most honest man in New South Wales, or the dumbest," the lawyer said.
Mr Hamal was refused bail and will appear in Central Local Court on July 29.
Skull, I have the deepest respect for your apparent life-long abstinence from the demon grog. I'll bet quite a few saki drinkers in Hirosihima woke up a few hours after the bomb was dropped and wondered what the heck had happened while they were sleeping.
Hey People,
I suggest reading between the lines.
Sumthing is very fishy with this story (plus this is what the newspaaper has reported).
However, I for one would like to know when did the 'vicitm' report the non-consensual penetration?
That night, the next day, or after the young Pizza Boy came to appologise?
It would appear (between the lines) the alleged sexual assualt was not reported until after the young pizza delivery man got the guilts, told his girlfriend, and they both went to the address so Pizza Boy could appoligise?
Hope the Cops keep an open view on this one - hate to see Pizza Boy go down for this when it might be fact the 'victim' invited the amorous embrace.
Mitsubishi - Please Consider.
