Palestinian activists falsely accused of racial attack to stand trial over kidnapping, assault

“Throughout this investigation, the issue of Abusamha sexually assaulting [name redacted] has surfaced … Do you agree that the issue of sexual assault is highly relevant to this? It’s a motive for [Abusamha to make these allegations],” Allam’s barrister Ran Zaydan asked.

But Magistrate Brett Sonnet interjected, pointing out this was dangerous territory for her client: “[It’s] a motive for your client”.

“I accept what your honour has to say, but it’s a motive for the complainant to place Ms Allam in this incident,” Zaydan said.

When Rees was asked about motivation again, he responded: “[It’s] a potential motive, but I’m not 100 per cent sure”.

No charges were laid against Abusamha in relation to the sexual assault accusation made early last year. The court also heard that Abusamha has been accused of a second sexual assault under investigation by Victoria Police in 2023.

The court heard that Abusamha was allegedly recorded on police body-worn cameras in the hospital in the hours after his alleged assault claiming that he had been targeted because his employer was of a different race or religion and because of an allegation made against him about “rape but not rape”.

Rees said he was unaware of the content of that footage, but that Abusamha had never made an allegation in sworn statements that the assault and kidnapping was motivated by religious, racial or political matters – despite numerous opportunities to do so.

“In his statement to the [police officer wearing the camera] it’s all in relation to allegedly him sleeping with multiple women living in the Palestinian community,” Rees said.

Abusamha has repeatedly denied under oath that he committed any sexual assaults.

Sonnet struck out a charge relating to Allam allegedly unlawfully assaulting Abusamha by kicking after the defence raised inconsistencies between his statements and sworn evidence disputing claims that Allam was present for the assault.

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