A western Sydney barber has been granted bail after he was accused of raping a woman in an office in 2021.
Talal Eleter is not allowed to enter the suburb of Bankstown despite owning barber shop Tilly’s Barber, on Chapel Rd, after he was granted bail in the NSW Supreme Court on Tuesday.
The 28-year-old appeared via audio visual link from Junee Correctional Centre, where he has been in custody on remand since he was arrested in September, facing five charges of sexual intercourse without consent.
The court was told that Eleter and the woman met over Facebook before interacting on Snapchat and engaging in long phone-sex calls in the days before the alleged incident.
The pair allegedly agreed to meet at the woman’s office on September 11 so they coxjmtzywuld get around the Covid LGA rules in place at the time.
Justice Mark Ierace told the court that the pair met for just one hour before the woman went to police.
“Having carefully read the documents the picture that emerges is the complainant in preparation for the meeting with Eleter engaged in behaviour that might be interpreted as indicating an intention to have some form of sexual contact,” Justice Ierace said.
“The woman’s account does not contradict certain steps that actions she took that might be open to that interpretation.
“She is clear that the sexual intercourse was against her will and that she clearly told him as much.”
Justice Ierace said the woman did not in any way indicate a “preparedness to be sexually assaulted”.
Mr Eleter’s lawyer Theo Voros told the court that his client believed the sex was consensual and would be pleading not guilty to the charges.
The court was told the 28-year-old breached an intensive corrections order after he was convicted of a count of common assault occasioning actual bodily harm at his business in Belmore before moving it to Bankstown.
Mr Voros said Mr Eleter had the ability to work outside the suburb and again move his business.
Crown prosecutor Anthony Brookman said there were concerns around Mr Eleter’s criminal history.
“Trouble follows the applicant and his barber-shop business, he is a danger to the community,” Mr Brookman said.
Mr Brookman conceded the crown’s case was not “overwhelming” but said there was an issue with consent between Mr Eleter and the woman.
He told the court that the woman allegedly looked at her phone after her interaction with Mr Eleter when he asked her “are you calling the police?”
“Just because there is some awkwardness post-intercourse that’s a very odd thing to say,” he said.
“It’s evidence of consciousness of guilt.”
He said there were concerns about Mr Eleter attempting to contact the woman to try to persuade her to change her evidence once he was released on bail.
Justice Ierace granted strict conditional bail, imposing a 7.30pm-7.30am curfew and daily reporting to police.
Mr Eleter is not allowed to leave his home on days he does not work, has to steer clear of alcohol and drugs, and must stay away from the woman and her family.
He had been rocking back and forth during the hearing and punched the air with excitement when he was told bail was granted.
“I want you to clearly understand if any pressure is brought to bear on the complainant, either by yourself or other people, that it would be a breach of your bail conditions,” Justice Ierace told Mr Eleter.
He will appear at Burwood Local Court on March 9.
