2 months ago
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Warning: Graphic content
At 3am on July 20, Issaiah Mita allegedly punched his friend’s daughter in the face during a drunken argument.
Police were called and he was arrested. At the police station, he told officers he’d drunk at least 24 Hard Solo cans in the several hours prior.
Issaiah Mita allegedly raped a friend hours after committing an alleged DV assault.Credit: Artwork: Stephen Kiprillis
By 6.30am, he was granted bail and walked free from custody.
By 7am, the 28-year-old had allegedly turned up to another friend’s house, where he raped her.
These accusations were outlined in court documents released as Mita was again granted bail – this time in the NSW Supreme Court – over the alleged rape and four counts of sexual touching.
According to the documents, Mita arrived at the complainant’s home in the NSW Riverina town of Finley, minutes after leaving Finley police station over the domestic violence incident.
The pair were distant friends, having known each other for 18 months but not spoken for a year.
He walked through an unlocked door, stuck his head into her bedroom and said he was cold and needed somewhere to stay.
The woman let him sleep in her bed, the police fact sheet states. In the following minutes, he allegedly embarked on escalating sexual attacks.
It began, the documents allege, with pulling her face towards him and kissing her, despite her attempts to pull away.
He allegedly kissed down her body as he was told “stop” multiple times, each time stopping briefly before continuing.
He is accused of pulling her leg over him and rubbing her genitals on the outside of her clothes, before raping her.
The woman threatened to kick him out, but the touching continued.
“The accused has stopped the victim from leaving the bed a number of times, before she was able to break free and leave the bedroom,” the fact sheet reads, adding Mita fell asleep as the woman called police.
At 10.30am, police arrived. They woke Mita up, handcuffed him and took him into custody.
The complainant gave police a statement as clothing and sheets were seized from her home.
At Deniliquin police station, Mita allegedly admitted to entering the house and sleeping in the woman’s bed with her permission, but denied “any form of kissing, holding or touching”.
“The accused had admitted to having 24 ‘Hard Solo’ alcoholic beverages, plus a further unknown quantity [of alcohol] the evening before,” the documents state.
Mita agreed to provide a DNA swab and was refused bail. He remained in custody until being granted bail earlier this month in the NSW Supreme Court.
In opposing bail, the Crown prosecutor argued Mita’s “recent history is of significant concern, noting the more serious offending occurred within hours of being granted bail on domestic violence offending”.
“The applicant is alleged to have first assaulted the daughter of [redacted] and later sexually assaulted a friend”.
The Crown acknowledged his non-compliance was limited to this incident and that his prior criminal history did not include violent offences.
However, they described the alleged offending as “objectively very serious” and said there was a “clear risk” to the safety of the complainants and wider community.
Ultimately, Justice Mark Ierace granted Mita bail, finding strict conditions would likely ameliorate these risks.
Mita must abide by a curfew of between 6am and 9pm, report daily to police and stay at least 10 kilometres away from Finley.
Other conditions include being of good behaviour, not contacting prosecution witnesses and complying with any apprehended domestic violence order made against him.
He is required to undergo treatment for substance abuse issues, abstain from drugs and alcohol and answer his front door at the direction of police officers seeking to confirm bail compliance.
Mita will next face court on the sexual intercourse without consent and sexual touching charges – to which he has not yet pleaded to – at Albury Local Court on Tuesday.
He has denied one charge of domestic violence assault occasioning actual bodily harm over the incident preceding the alleged sexual attacks, and will face a local court hearing on Friday.
National Sexual Assault, Domestic and Family Violence Counselling Service 1800RESPECT (1800 737 732); Kids Helpline 1800 55 1800; Lifeline 131 114; Beyond Blue 1300 224 636.
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