The parents of convicted drug trafficker Dalibor Bubanja have offered nearly half a million dollars to secure their son's release over an alleged assault on an Illawarra woman.
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'Daki' Bubanja, 34, was granted bail in Wollongong Local Court on Tuesday after being held on remand since September last year over a raft of rape and assault charges.
On September 30, the Shell Cove man was charged with 12 offences including two counts of sexual intercourse without consent, two counts of assault occasioning actual bodily harm, common assault, destroying or damaging property, intentionally choking a person without consent, causing grievous bodily harm with intent, recklessly causing grievous bodily harm, and intimidation.
The charges were formally withdrawn last week, however, an additional charge of assault occasioning actual bodily harm against the same woman was laid.
Bubanja pleaded not guilty to the charge and it will be defended at a two-day hearing in November.
Police are relying on the set of circumstances surrounding the previously dropped charges to prove the assault allegation.
Documents tendered to court allege Bubanja was sexually and physically abusive towards the woman.
Police alleged Bubanja was sexually violent on two occasions and punched, slapped and choked the woman.
The documents said the woman went to Shellharbour Hospital days after the alleged choking and assaults to her face where she told staff she was injured during a motorbike accident.
Police said the woman made a report to police about the alleged violence she suffered on September 30.
In court on Tuesday, Bubanja's defence lawyer Arjun Chhabra said the prosecution had an "uphill battle" to prove the charge against his client given the woman had recanted her allegations numerous times.
He said the woman provided two different versions of events to police in as many days, adding she had sent a letter to the court recanting her allegations and the following day signed an affidavit declaring the same.
"My ultimate submission is the police are doomed to fail as their case falls on the credibility of the complainant who the officer in charge has described as a 'fabricator' and 'embellisher'," he said.
"Yet in the same context the allegations of extremely violent sexual assault have been abandoned.
"There is no way frankly a magistrate in the hearing could determine her account to police is consistent and would be satisfied beyond reasonable doubt."
Mr Chabbra went on to say the woman had given three different versions of events and it was an "impossible task" to prove which one was the truth.
Police prosecutor Sergeant Coby Davis strongly opposed bail fearing Bubanja would contact the woman, put her safety at risk and commit further serious offences.
Sgt Davis said the prosecution would rely on the woman's recorded interview with police when she initially made the allegations, in which she was "distressed" and "compelling".
Sgt Davis alleged Bubanja had already contacted the woman while in prison and said there would be less restrictions or barriers for him to do the same if he was released.
Mr Chabbra said his client had no reason to contact the woman or intimidate her as she had already withdrawn her allegations and it would only have negative repercussions for his client's case.
In proposing bail conditions, Mr Chabbra said his client would be "under lock and key" on house arrest in his parents' home.
Magistrate Michael O'Brien took time to consider the application and ultimately decided to grant Bubanja bail reminding him that if he breached his conditions it would be unlikely he would remain at liberty.
Magistrate O'Brien imposed strict conditions for Bubanja to report to police twice a day, live with his parents, not be absent from the home unless to report, attend court, speak to his lawyers or in the case of a medical emergency and he must present himself to police for a curfew check when required.
Bubanja is also prohibited from having a mobile phone, taking drugs and his parents must provide $480,000 in surety if he fails to appear at court. He also must not contact the alleged victim.
Outside court, Bubanja's lawyer Abbas Soukie said his client was "pleased to have been granted bail".
"In granting bail, the learned Magistrate had particular regard to the weaknesses in the prosecution case," he said.
"The prosecution case against Mr Bubanja is fraught with inconsistencies. Mr Bubanja intends to defend the allegation when the matter proceeds to hearing in November".
The case returns to court on Tuesday.
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