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A DiDi rideshare driver accused of kidnapping and raping a 17-year-old female passenger was granted bail after 'inconsistencies' emerged in a 'significantly' weakened prosecution case.
A court heard data from the man's vehicle conflicted with details about his location contained in a police statement of facts and a rape kit offered 'no further evidence' of him committing an offence.
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him → see → offence
Mongolian national Amarbayasgalan Yondonlodoi allegedly picked up a teenager from an address on Sydney's Upper North Shore on June 2 to drive her to work.
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Yondonlodoi → pick → work
About 20 minutes into the journey, Yondonlodoi allegedly pulled over his vehicle in North Sydney, climbed into the rear of the car and sexually assaulted the girl.
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Yondonlodoi → pull → girl
Police arrived at Carlow Street about 7.30am and the teen was taken to hospital, while Yondonlodoi was arrested after he dropped off a passenger at Sydney Airport about 6.30pm the next day.
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he → arrive → Airport
Police issued a media release about the 51-year-old's apprehension, complete with footage of him being taken into custody.
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him → issue → custody
Yondonlodoi was charged with aggravated sexual assault - deprive liberty, and taking or detaining a person with intent to obtain advantage, causing actual bodily harm.
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Yondonlodoi → charge → harm
He first faced court on June 4 - the day after his arrest - and was refused bail.
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He → face → bail
DiDi rideshare driver Amarbayasgalan Yondonlodoi, who is accused of kidnapping and raping a 17-year-old female passenger was granted bail after 'inconsistencies' emerged in a 'significantly' weakened prosecution case.
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inconsistencies → accuse → case
He is pictured outside court
Mongolian national Amarbayasgalan Yondonlodoi allegedly picked up a teen from an address on Sydney's Upper North Shore on June 2 to drive her to work.
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Yondonlodoi → picture → work
He is pictured on Monday
Daily Mail has now obtained a transcript of an urgent bail application made on Yondonlodoi's behalf on June 12, when 'inconsistencies' were revealed in the police case.
Yondonlodoi followed proceedings through a Mongolian interpreter while he watched on via an audio-visual link from the Metropolitan Remand and Reception Centre at Silverwater in Sydney's west.
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he → picture → west
Asked by Judge Greg Grogin what was happening, a prosecutor said: 'The prosecution is not going to oppose any release application.'
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prosecution → ask → application
'I can inform the court some significant change in circumstances as to the strength of the case, as to why the court might be required to grant bail.'
Downing Centre Local Court heard the 'change in circumstances' was consistent with Yondonlodoi's instructions to his lawyer at his first bail application.
The prosecutor said Yondonlodoi had been refused bail 'quite understandably on the facts that were before the court' but those facts had since changed.
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facts → inform → court
'I understand that [police] have become aware that the strength of the case [has become] significantly weaker,' he told the court.
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he → understand → court
'I have been speaking to the investigators this morning who alerted me to a couple of inconsistencies.
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who → speak → inconsistencies
A court heard data from Yondonlodoi's car conflicted with details about his location in a police statement of facts and a rape kit offered 'no further evidence' of him committing an offence
Yondonlodoi was arrested at Sydney Airport on June 3 (above) and charged with kidnapping and sexually assaulting a 17-year-old girl the previous day
'
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Yondonlodoi → hear → girl
The first in time is that on page two of the facts sheet, it refers to the [alleged] victim ordering a ride share vehicle through the DiDi application from [the Upper North Shore to her inner-city workplace].
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victim → refer → workplace
The actual location that was put into the DiDi app was to Miller Street, North Sydney, where she exited the vehicle.'
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she → put → vehicle
The prosecutor also told Judge Grogin the results of a sexual assault investigation kit, used to gather and preserve forensic evidence from alleged rape victims, 'revealed no further evidence'.
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results → tell → evidence
Data had been obtained from DiDi which recorded Yondonlodoi's journey from an Upper North Shore suburb to North Sydney, the prosecutor said.
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prosecutor → obtain → Sydney
That data showed 'the vehicle the accused was travelling in did not leave any major roads and was consistent from that location to the location of drop-off'.
There had also been 'some issues in relation to the accused's language difficulties and the nature of the conversations' alleged to have occurred.
Judge Greg Grogin granted Yondonlodoi bail on conditions including that he surrender his passport, not enter any international point of departure and not go near or contact any prosecution witness.
He was also required to report to Mascot police station three days a week.
Daily Mail has obtained a transcript of an urgent bail application made on Yondonlodoi's behalf on June 12, when 'inconsistencies' were revealed in the police case
'Is there any difficulty with him conducting the business that he was conducting?' Judge Grogin asked.
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Grogin → show → that
DiDi released a statement following Yondonlodoi's arrest confirming he had been 'immediately suspended'.
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he → release → arrest
'We worked closely with law enforcement in its investigation into the matter,' the company said.
'
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company → work → matter
We will continue to work with law enforcement and the regulator in their continued investigations and provide support to the passenger when needed.'
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We → continue → passenger
Daily Mail has since asked DiDi if Yondonlodoi has returned to work but received no response.
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Yondonlodoi → ask → response
When Yondonlodoi appeared in person at Downing Centre Local Court on July 30, Judge Hugh Donnelly said his papers still had the defendant marked as being in jail.
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defendant → appear → jail
On that occasion, Yondonlodoi left the court with a woman and was joined outside by a lawyer, who attempted to stop the Daily Mail taking photographs.
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Mail → leave → photographs
Yondonlodoi's lawyer took photographs (above) of a Daily Mail reporter on July 30, held up a manila folder in an attempt to block the view of his client and threatened to call police
The lawyer used his phone to take pictures of a Daily Mail reporter, held up a manila folder in an attempt to block the view of his client and threatened to call police.
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lawyer → take → police
Yondonlodoi appeared before Judge Grogin again on September 10, when the court heard the matter might not proceed.
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matter → appear → September
His case - which has been taken over by the Director of Public Prosecutions - was mentioned on Monday and adjourned until November.
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which → take → November
Yondonlodoi now has to report to police only one day a week.
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Yondonlodoi → have → police
After Yondonlodoi's arrest it was revealed the Department of Home Affairs previously rejected a joint student visa application from him, his wife and another relative.
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Department → reveal → him
According to court documents, Yondonlodoi's wife was listed on the visa application as the primary applicant, with her husband as the second applicant.
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wife → accord → applicant
The application was refused by a Home Affairs delegate who did not deem Yondonlodoi's wife to be a genuine applicant for entry and to stay as a student.
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wife → refuse → student
The family lodged an appeal with the Administrative Review Tribunal (ART).
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family → lodge → Tribunal
Earlier this year, overturned the original ruling and ordered the joint visa application be reconsidered.
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application → overturn → ruling
The tribunal was satisfied Yondonlodoi's wife was a genuine applicant for entry and to stay under the Subclass 500 (Student) visa.
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wife → stay → visa
That decision led to Yondonlodoi and the other relative's applications to be treated the same way, 'on the basis of being a member of her family unit'.
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applications → lead → unit
An ART spokesperson said the tribunal considered each case on its merits.
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tribunal → say → merits
'In conducting its review, the tribunal takes a fresh look at the facts, and takes into account any new information, and submissions of the applicants and the minister when applying the relevant law and policy,' they told The Daily Telegraph.
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they → conduct → Telegraph
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