A Berkeley pizza restaurant worker accused of raping a 14-year-old girl has had his bail conditions eased temporarily so he can attend a "family holiday", a court has heard.
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Omar Shady, 20, did not appear before Wollongong Local Court on Wednesday when his lawyer Matthew Ward applied to vary his bail to allow him to go on holiday later this month.
Shady has been charged with three counts of having sexual intercourse with a child. Formal pleas are yet to be entered.
Documents tendered to the court outlined Shady and the alleged victim connected on the social media app BeReal before the alleged incident.
Shady, who prior to his arrest worked at an Illawarra Domino's store, allegedly asked the girl her age and then pretended to be 18.
The pair would speak on the phone and on other social media apps, court documents stated.
Police will allege that on Monday, December 12 Shady called the girl when she was home alone and told her he was coming over, despite her telling him not to.
It is alleged Shady arrived and asked the girl to show him her bedroom, and despite her refusal, police say he closed the door behind them before he laid on top of her.
Police say the girl told him to go home, to which he allegedly responded "I'll only stay for five minutes".
It is alleged Shady then kissed the minor before removing her pants, ignoring her requests to stop. He then allegedly exposed his penis and inserted it into her vagina, despite her again telling him no.
"Trust me, it won't hurt," Shady allegedly responded.
Police will allege he finally got up to leave after being asked to multiple times, and that he later attempted to contact the girl, causing her "distress".
"Im legit about to kms rn (meaning kill myself right now)," Shady is alleged to have told the girl on Snapchat before sending a photo of him next to a cliff.
The minor called him and asked for him not to.
She also allegedly asked why he continued to have sex with her when she asked him to stop, to which he said he was "excited" and thought she said no due to "being afraid her parents were going to come home".
The girl messaged her friend about the alleged incident which led to her parents finding out, who contacted police the following day.
Shady was arrested and charged on January 5 this year before he was granted bail the following day.
He was ordered to live in Berkeley, report to Lake Illawarra police three times per week, and surrender his passport.
Shady must also not be in the company of any person under 16 except for family members, and must not try to go near or contact the alleged victim or any prosecution witness.
An apprehended violence order was also put in place to protect the girl.
In court on Wednesday, Magistrate Chris McRobert granted the variation to Shady's bail which permitted him to travel to Queensland in the company of his family between January 28 and February 2, noting he had shown elements of "remorse".
The matter is next listed in March.
If you or someone you know is experiencing sexual abuse or family violence contact:
- National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732
- 24-hour Emergency Accommodation helpline on 1800 800 588
- Safe At Home helpline on 1800 633 937SHE (free and confidential counselling and support) on 6278 9090
- Sexual Assault Support Services on 6231 1811, or after hours 6231 1817
Read more Illawarra court and crime stories here.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
