Ride share driver facing indecent assault charge allowed to continue working

A northern suburbs ride share driver has been allowed to continue working despite facing an indecent assault charge.

Asanka Kaushalya Usgoda Arachchi was told in Joondalup Magistrates Court on Friday he could keep driving provided he was supervised.

Magistrate Raelene Johnston made the ruling as part of a bail variation application hearing.

Mr Usgoda Arachchi, who has pleaded not guilty in relation to the alleged incident in Hillarys on February 2, appeared with his lawyer and is awaiting trial to defend the charge later in the year.

The police prosecutor opposed letting him work on bail, citing the indecent assault charge and another allegation of an “indecent nature” when working as an Uber Eats driver that police never laid charges over because there were not reasonable prospects of conviction.

“Propensity is concerning,” the prosecutor argued.

The court heard there was CCTV available for the other incident involving a different complainant but it had not shown the alleged offence.

Also Mr Usgoda Arachchi’s lawyer dismissed that in that allegation his client had exposed himself by unzipping his pants because he was not wearing clothing with a zip.

Ms Johnston told the court “I can consider other alleged conduct” when considering bail matters.

“The concern is risk of offending while on bail,” she said.

The accused’s lawyer said his client would be willing to wear a body camera, an idea the magistrate dismissed because “a body camera can be turned on and off”.

Ms Johnston heard from the defence lawyer that it was “unreasonable” not to let Mr Usgoda Arachchi work, given his job pulled in $6000 a month and he was the primary family earner with a seven-year-old dependant.

“I appreciate changing bail has the potential to impact on your income,” the magistrate said.

Ms Johnston granted the bail variation, saying Mr Usgoda Arachchi was not to work as a ride or food share driver “unless supervised”.