The Afghan refugee accused of a sex attack on a woman just days after he was freed by the government was previously acquitted of rape after a string of assaults on elderly women.
Aliyawar Yawari, 65, is a convicted sex offender who was branded a ‘danger to the Australian community’ by a judge after he attacked three women and kicked down the door of an ageing mother.
But he was freed by Home Affairs minister Clare O’Neil’s department after last month’s High Court ruling found indefinite detention was unlawful.
The father-of-six was accused of a cynical rape attack in 2013 before he launched a further two more assaults on elderly women around South Australia in 2014.
In his final attack, he molested one 64-year-old woman in her own home before smashing her on the neck with a walking stick.
Now he has been re-arrested just a few weeks after his release from detention when a woman at an Adelaide motel alleged she had been attacked by him.
Aliyawar Yawari, 65, is a convicted sex offender who was branded a ‘danger to the Australian community’ by a judge after he attacked three women and kicked in the door of one mother
Since his release from Western Australia’s Yongah Hill detention centre (pictured) Yawari has been staying at motels
Afghani-born Yawari emigrated to Australia after leaving his family behind in Pakistan where they had fled when his father and brother were killed by the Taliban.
He was originally held in detention on Christmas Island for three months before he was allowed to live in Brisbane where he worked at a meat factory.
He later moved to Bordertown, South Australia, near the state’s border with Victoria, but he was accused of raping and assaulting a local woman in 2013.
He then attacked two more elderly women in rural parts of the state between October 2013 and December 2014 while awaiting trial on the rape charge.
Mount Gambier District Court heard Yawari was one of several Afghani and Pakistani meatworkers employed in Bordertown who knew the alleged rape victim.
The court heard he met her in the town centre and invited her back to his home for a drink before Yawari – now drunk – suddenly became angry and started a row.
The victim tried to leave, but Yawari slammed the door shut and pushed her into the lounge, and pinned her arms down before punching her in the face repeatedly.
‘The offender, according to the complainant, held her down on the lounge and tried to have intercourse with her,’ Judge Paul Cuthbertson said in his sentencing remarks.
He was alleged to have raped her in the home, but the jury found him not guilty on that charge although he was found guilty of assault causing harm.
The victim told the court in an impact statement that she no longer trusted others, especially men, like she once did.
‘She was once a free and easy person, accepting most people and cultures,’ the judge told the court.
‘She no longer feels comfortable being intimate with anybody and cannot see herself having a partner in the future.’
The rape trial took three years to reach a verdict and sentencing – but in the meantime, Yawari had struck twice more.
‘What is most concerning is that the offender has since committed further similar offences,’ said the judge as he sentenced Yawari in 2016.
‘On 14 July 2014 at Kilburn the offender, heavily intoxicated, knocked on the front door of an elderly woman’s home where she was home with her three children.
‘She told him to leave but he persisted and kicked in the front door and smashed in a window.’
Aliyawar Yawari moved to Bordertown, South Australia, (pictured) near the state’s border with Victoria, but he was accused of raping and assaulting a local woman in 2013
The court heard he met the victim in the centre of Bordertown (pictured) and invited her back to his home for a drink before Yawari – now drunk – suddenly became angry and started a row
Yawari was arrested but claimed he had no memory of the incident and escaped with a three-month jail sentence which was suspended for 12 months.
But on December 29, 2014, just one month after receiving the suspended sentence, he turned up armed with alcohol at the home of a 64-year-old woman.
‘There was some degree of socialising between them,’ said Judge Cuthbertson.
‘He then indecently assaulted her by lifting her shirt and grabbing her breasts and attempting to put his hand down her trousers.’
The victim tried to kick him out of the house but as she turned her back on him, Yawari hit her on the neck with a walking stick.
Yawari finally faced jail over that attack and was sentenced to two years in prison, along with the three months which had previously been suspended.
Judge Cuthbertson slammed Yawari as he jailed him for a further 20 months for a total of three years and 11 months, with a minimum non-parole period of two years and eight months.
‘This is now the third offence involving a lone elderly woman with sexual overtones to it,’ the judge told the court.
‘The offender is making himself a danger to the Australian community.
‘These two other offences are not previous convictions but they are a pointer to his likely rehabilitation.’
Once he was finally freed from jail, he was moved to an immigration detention centre and remained locked up until the High Court decision prompted his release last month.
He told media in Perth he was ‘happy’ to have been freed after years in jail and detention and added: ‘I just want a new job.’
But on Monday Yawari appeared in the Adelaide Magistrates Court less than a month after he walked free from Yongah Hill Immigration Detention Centre in Western Australia.
Police arrested Yawari at the Pavlos Motel in Pooraka in Adelaide’s north on Saturday night after allegations a woman had been assaulted by a guest.
Police arrested Yawari at the Pavlos Motel in Pooraka in Adelaide’s north on Saturday night after allegations a woman had been assaulted by a guest
He did not apply for bail and has been remanded in custody until January.
The Adelaide motel staff said his room had been arranged by social support services organisation Life Without Barriers and he had been an ideal guest until his arrest.
The manager of Pavlos Motel – who told Daily Mail Australia his name was Happy Mann – said police then turned up and told him of the alleged assault by Yawari.
‘He was really good,’ Mr Mann said. ‘He just talked to me a few times but it was all good, I didn’t feel suspicious of anything.’
Mr Mann said Yawari had been staying at the motel for a ‘couple of weeks’ and denied any knowledge of the alleged assault.
‘Nobody knows what happened – just the police know. They told us yesterday that he’d been charged,’ Mr Mann said.
Guri Bhullar, who works on the motel’s front desk, later confirmed Yawari had checked in on 14 November and described him as ‘no trouble, always quiet – a good guest’.
‘He didn’t like to speak much, he didn’t come to reception too often so we didn’t have much chat,’ Mr Bhullar said.
‘He was a quiet person, not a troublesome person: he used to stay in his own room.’
Mr Bhullar was not working on Saturday night and did not hear of the alleged assault until later.
‘The lady just called the police – she didn’t come to reception for any complaints that he was (allegedly) disturbing her,’ he said.
‘We just knew when the police came to the hotel.’
One of the rooms in the Pavlos Motel in Adelaide’s north where Yawari had been staying
It is understood Yawari was wearing an ankle tag at the time of his arrest.
The High Court’s decision on November 8 has now allowed 148 non-citizens to be released from detention, including paedophiles, murderers and hitmen.
Another freed detainee who was a registered sex offender and the ringleader of a child exploitation gang was also arrested on Tuesday.
Emran Dad, 33, was arrested in Dandenong, south-east of Melbourne, for allegedly making contact with minors on social media and breaching his reporting obligations.
He was charged with nine counts of failing to comply with his reporting obligations as a registered sex offender. He has also been charged with trespass.
Dad, who is from Afghanistan, was alleged to have run a prostitution ring that targeted underage girls in state care and was jailed for having sex with a 13-year-old girl in exchange for cigarettes.
Australian Border Force said a third man from the group has also been charged in New South Wales with drug possession.
Mohammed Ali Nadari, 45, was allegedly found with cannabis in Western Sydney after recently being released from immigration detention. He has been released on bail.