A high-flying mortgage broker accused of raping a woman three times in a matter of hours and assaulting a police officer has told a court his life was threatened in the middle of the night.
Marwan Salim Aswar, owner and director of iLend Capital, is accused of violently assaulting a woman in Sydney’s southwest earlier this year.
Police allege the 32-year-old raped a woman three times between 12.30am and 2.30am earlier this year at Greenacre.
He was charged with three counts of sexual assault and two counts of aggravated sexual assault, with court documents alleging he sexually touched the woman without her consent.
Police were called to the home about 2.30am when Mr Aswar is alleged to have become violent and resisted arrest while allegedly assaulting a police officer.
Mr Aswar was taken into custody where he remained until he received strict conditional bail in the Supreme Court on June 28.
Under those conditions, the 32-year-old must report to police seven days a week and can only leave his home in the company of his brother, lawyer or personal assistant.
The 32-year-old returned to court on Thursday, alongside his assistant, and attempted to have the reporting dropped to three days a week and the “home detention-style” conditions dropped so he could travel interstate for work.
Justice Helen Wilson was told there were “slight variations to the bail with consent by the officer in charge” of the investigation.
“How does that happen?” Justice Wilson questioned.
“The officer in charge has no authority to change a variation of bail negotiated by a court … I really don’t understand that.”
Dickran Yakenian, representing Mr Aswar, told the court that his client had received “significant threats” and was contacted in the middle of the night and told to leave.
The court was told that police became aware of the threat and put Mr Aswar on notice immediately but had now said there was no further threat.
“According to their intelligence the threat in our view has been nullified,” a Crown prosecutor told the court.
Mr Yakenian asked for bail conditions to be changed so his client could travel interstate and conduct his business, telling the court his client has complied with all bail conditions.
But the Crown prosecutor argued that Mr Aswar could still conduct his business as he was allowed to leave his home in the company of his personal assistant.
Justice Wilson noted the offences against Mr Aswar were “serious”, with the woman claiming he was “aggressive and violent” during the alleged sexual interactions.
“I must say having read all of this material and not sharing the view of Justice Rothman that women regularly make up complaints … I think the applicant is rather fortunate to have bail in the first place,” she said.
The judge found there were risks of further offending, and giving Mr Aswar capacity to leave the state would “invite the prospect” he would flee.
She noted his lengthy criminal history, including “very serious offending” since 2008, such as breach of bail, driving while disqualified, drug offending, possession of weapons, robbery in company and inflict serious bodily harm.
The judge said Mr Aswar had previously breached court orders, which “does not speak highly of his capacity to adhere” to them.
Mr Aswar owns multiple businesses that generate an annual turnover of $900,000. According to the iLend Captial website, the company funds mortgagors and is a “leading loan provider”.
He will return to court in November.
ncG1vNJzZmivp6x7r7HWrGWcp51jrrZ7zZqroqeelrlwutKwZJqbpGSwsMHRrapmpJGsfKK4y56enpxdp66xtdKtZK2dnKHAbq%2FOrqmtZZiaerit0marqKSUYsGwecuemK%2BdXZ22tHnHqKysnV2eu27Ax55kpqGUmbmmec6fZK2glWK7qrPHrWannaeoerTAzquwaG1jmIZ4sZdqmWtslWyGcbHDnJ1tb2Nps3qykWqbm29i