Adam Abdul-Hamid, 19, and an 18-year-old male who cannot be legally named are among four youths accused of the six-hour-long sexual assault of a 17-year-old girl at multiple Sydney locations in December last year.
Both appeared by audio-visual link at separate court hearings on Tuesday when their bail was denied.
At Campbelltown Local Court, Magistrate Peter Thompson found the risk that Abdul-Hamid posed to the community if he was released from Silverwater prison could not be mitigated.
Magistrate Rosheehan O’Meagher at Parramatta Children’s Court made similar findings against the 18-year-old.
Bail was rejected despite a raft of strict conditions proposed for each co-accused by their barrister Troy Edwards SC.
Crown prosecutor Abby Lee van der Velde argued Abdul-Hamid should not be released because he was the only adult present during the alleged “prolonged and sustained sexual assault”.
The barber shop employee had not tried to intervene and had allegedly taken the victim’s phone to send himself a text message, Thompson heard.
Material provided by his family to the court describing the 19-year-old as a responsible and affectionate person lay in contrast to the seriousness of the charges, van der Velde said.
Edwards unsuccessfully tried to argue the bail conditions were enough to mitigate any risk his client posed.
He described the case against his client as “weak”, saying there was no evidence he agreed to participate in the alleged crime.
“Do you want to have a turn?” Abdul-Hamid was allegedly asked, according to a police facts sheet seen by the court.
“No, I’m alright,” he allegedly replied.
In a later covertly recorded phone conversation, Abdul-Hamid inculpated the other males involved in the alleged assault, the court was told.
Despite seven months elapsing since the alleged assault, the 19-year-old had not tried to contact the complainant or his co-accused, Edwards said.
Abdul-Hamid has been hit with five charges of aggravated sexual assault in company but has yet to enter any pleas.
Two of these alleged offences involve the use of a hair brush.
Outside court, the 19-year-old’s mother and two brothers wore face masks and shielded themselves with umbrellas, swearing at reporters before getting into a waiting car and driving off.
The 18-year-old male – who has been hit with nine charges of aggravated sexual assault in company – allegedly joined the sexual assault after being told about it through Facetime, O’Meagher was told.
As his mother and partner watched in court, van der Velde said the youth had been captured on CCTV, placing him at the scene.
Police allege that the girl was initially approached by a 16-year-old boy, unknown to her, at a shopping centre in Liverpool on a Sunday evening.
The boy allegedly asked to be driven to a park at a nearby suburb, which the victim agreed to, on the understanding he would get out of the car.
At the park, two other males got into the car and allegedly also sexually assaulted her.
A fourth male arrived in another car and the assaults continued as the girl was driven around for six hours, investigators allege.
The 16-year-old alleged instigator of the rape has been charged with 19 sexual assault offences and five sexual touching offences.
A 14-year-old has been charged with 10 offences including seven aggravated sexual assault offences.
Abdul-Hamid’s matter will return to court on August 13.
His three co-accused will have their cases briefly heard on August 11.
Kids Helpline 1800 55 1800.