Crown case
7It was common ground that the complainant was at the time of the events married to Mr Homsi, and that she was living along with both appellants and the four children of the marriage in rented premises at Condell Park. The four children of the marriage included three girls who were going to school, and a younger boy, who was aged three and was not going to school.
8The complainant gave evidence to the following effect:
(1) In 2008, having separated from Mr Homsi in 2004, the complainant took a lease on the Condell Park house, and moved in with the four children. Against her wishes, Mr Homsi moved in with Ms Karamalakis, and they first took over the main bedroom, causing the complainant to sleep in the lounge room or sometimes in her son's room. (However, her later evidence, including a diagram drawn by her (Ex H9), was that at the time of the alleged offences the complainant was sleeping in what appears to have been the main bedroom, identified as bedroom 1, and that the appellants were sleeping in another bedroom, identified as bedroom 4.)
(2) Up until the week of 20 October 2008, the complainant would normally take the three girls to school, driving a Tarago car registered in her name. The complainant had a mobile phone, but Mr Homsi used to take it with him; and the last time she had it was Sunday 19 October 2008.
(3) On Monday 20 October 2008, the complainant spoke to Mr Homsi's mother on the phone and told her that Mr Homsi and Ms Karamalakis had been hitting her and screaming at her. At about 11 pm that night, Mr Homsi called the complainant to his room, and Mr Homsi and Ms Karamalakis questioned her about that phone call. Mr Homsi then asked for the children's birth certificates, passports and blue books. The complainant gave him the birth certificates and passports, but could only find two of the blue books. Mr Homsi told her to look for the others. The complainant went to her room to do so, and as she was doing so Mr Homsi grabbed her by the hair, hit her with his fist to the right side of her head (count 1), and swore at her. Mr Homsi took her jewellery and told her to choose what she wanted because he was giving the rest to Ms Karamalakis. The complainant said no, and Mr Homsi punched her. Mr Homsi then woke up their son and took him into his room, and then called the complainant in and asked for her handbag. The complainant got it from the kitchen and gave it to him; and he took the complainant's bankcard, concession card, driver's licence and Medicare card. Mr Homsi then demanded her wallet, and she said she did not have one. Ms Karamalakis accused her of lying. Mr Homsi asked her for the car keys, and the complainant got them from the kitchen and gave them to him; and Mr Homsi said she was no longer allowed to take the car out and it belonged to him. Mr Homsi gave her their son and told her to go and clean the house and that she was not allowed to sleep that night. He also struck her again (count 2).
(4) The following morning, Tuesday 21 October 2008, the complainant dressed the three girls for school, and knocked on the appellants' bedroom door to wake Mr Homsi to take the girls to school. Ms Karamalakis told her that Mr Homsi was asleep, and threw the car keys to the complainant and told her to take them herself. The complainant took the girls to school, driving without her licence because Mr Homsi had taken it. Her son was also with her.
(5) After dropping the children to school, she called Mr Homsi's mother from a pay phone, and arranged to meet her. She told Mr Homsi's mother that the appellants had been treating her like a slave and that Mr Homsi was hitting her. Mr Homsi's mother told her to go back home and that things would change. (It was put to the complainant in cross-examination, and denied, that she had taken her son to the doctor that day.) The complainant returned home with her son. The appellants were waiting in the driveway. Mr Homsi opened the car door and grabbed the complainant by her hijab and pulled her hair as she was taking her son out of the baby seat. He pulled her inside the house into the lounge-room and kicked her on the legs, punched her to the head and pulled her hair. The complainant pleaded to Ms Karamalakis for help, but Ms Karamalakis told her she deserved it. Mr Homsi got a stool with metal legs from the kitchen and struck her forearms as she put them up to defend herself. The complainant went to the kitchen and Mr Homsi followed her there, and punched her in the face causing her nose to bleed. He obtained a black stick with two red bands on it from his and Ms Karamalakis' bedroom, and returned to the lounge-room and struck the complainant on the legs with it (count 4).
(6) At about 2 pm the appellants left to pick up the girls from school, taking her son with them. Mr Homsi told the complainant that she was not to open door for or speak to anyone, and that she was not even to go outside to take the rubbish because he did not want anyone to see her bruises. He told her that if she left the house he and Ms Karamalakis would take her to the cemetery and bury her there. The complainant felt drowsy and exhausted, her hair had been pulled out and she could not stand on her feet. There was no landline in the house and Mr Homsi had taken her mobile phone. While the appellants were out, the complainant picked up the clumps of hair that had been pulled from her head and put them in a bin so they would not be on the floor when the appellants returned. At about 3pm, Mr Homsi's mother came to the house. The complainant told her what had happened and showed her a bruise, and asked for her help. Mr Homsi's mother left prior to the appellants coming home.
(7) At about 5 pm the appellants returned with the four children. They were all in the kitchen. Mr Homsi grabbed a 2.5 litre bottle of juice and hit the complainant over the head with it four or five times. The complainant fell to the floor, she could not see properly and noticed blood from her nose (count 5). Her daughter asked her if she was all right and if she wanted her to get some water, and her daughter was shaking; and Ms Karamalakis said to her "No, your mum is acting".
(8) At about 7.30 pm that night, Mr Homsi's brother Rabi came to the house. He asked how she was and she showed him her hands. She was crying when she said this and Rabi went out to the garage. (In cross-examination, the complainant disagreed that Rabi had in fact come on Wednesday 22 October 2008.) At the time, the complainant was in pain. She had not dared leave the house earlier in the day when she was alone because Mr Homsi had warned that if she did he would do something bad to her. Also, the complainant did not want to run away without all her children.
(9) On Wednesday 22 October 2008, the complainant got the girls ready and the appellants took them to school. Her son remained with the complainant. Ms Karamalakis told the complainant to keep looking for the blue books, and also to clean up the kitchen and that if it was not clean then she was going to punch her. The complainant felt like a slave to her. The complainant did not leave the house while they were out because she did not have all her children with her.
(10) When the appellants returned, Ms Karamalakis went to get something out of her bedroom. On the way out, she pushed the complainant by the shoulders against the wall of the hallway and said "did you find the blue book you bitch?" The complainant replied that she had not and Ms Karamalakis said "Keep looking for it, either way I'm going to break your head" (count 11).
(11) At about 2.30 pm the appellants left to pick up the girls from school, and they returned about 3.30 pm. Again, the complainant did not leave, because she did not want to leave without all her children.
(12) At about 10 pm that night the complainant went to bed. At about midnight she was woken up by Mr Homsi with a punch to the head (count 6). She saw both appellants standing over her. Mr Homsi said to her, "You done it on purpose, you freaking bitch, the hot water is off". The appellants then left and the complainant went back to sleep.
(13) On Thursday 23 October 2008, the complainant dressed the three girls for school. The appellants left with them at about 8.30 am leaving the boy with the complainant. The complainant did not leave because she was bruised and swollen and could not walk properly. She was afraid that if Mr Homsi discovered that she had run away that she would be in more trouble from him because he had threatened to kill her if she called the police or spoke to someone. In addition she did not want to leave without the three girls. At about 2.30 pm the appellants left to pick the girls up from school, and at about 3.30 pm Mr Homsi and the girls returned without Ms Karamalakis. At about 3 pm Mr Homsi's mother came to the house, and she was still there when Mr Homsi returned.
(14) When Mr Homsi returned, there was a question and answer about what the complainant had made the children for lunch, after which Mr Homsi slapped the complainant across the face and grabbed her by the hair and started kicking her in front of his mother and the children. His mother told him to stop. Mr Homsi said that the complainant was his wife and he could do whatever he wanted to her.
(15) Between 5 pm and 6 pm, Mr Homsi left to pick up Ms Karamalakis. Mr Homsi told the complainant not to open the door for anyone and not to go outside for anything. The complainant felt like she needed to do something about her situation but she was afraid. She felt tired and helpless, and was in pain and unable to walk properly.
(16) After Mr Homsi finished eating dinner, he went to his bedroom and called out to Ms Karamalakis who also went into the bedroom. Then they both called out to the complainant. The complainant was standing in the doorway of her bedroom when Mr Homsi asked her where the speeding fine was. The complainant was afraid to tell him. Mr Homsi grabbed her by the hair and pushed her into her bedroom and began punching her to the head with his first. She fell to the ground and Mr Homsi kicked her all over her body. She begged him to stop. She saw that he had clumps of hair in his hand (count 7). In the meantime, Ms Karamalakis was going through clothes in the complainant's closet, and after obtaining a pair of scissors commenced cutting up the complainant's clothing (count 15). Mr Homsi kicked her. He lit a cigarette, and with the lighter in his hand began hitting her on the back of the head. The complainant was on the floor at that time, and Ms Karamalakis was still in the room (count 12).
(17) At about midnight, the complainant went to her son's bedroom and sat on his bed. At about half an hour after midnight, on Friday 24 October 2008, the complainant heard Ms Karamalakis call out to Mr Homsi that she had found a Centrelink statement, and the appellants came to her son's room. Mr Homsi told the complainant that Ms Karamalakis believed that, according to the Centrelink statement, the complainant had hidden $4,000. The complainant denied this.
(18) At about 2 am, the appellants called the complainant to the lounge-room and questioned her about money. She denied she was hiding money from them. Mr Homsi started kicking the complainant in the legs, with Ms Karamalakis sitting on the lounge watching (count 8). Mr Homsi then asked for the registration papers for her car, the Tarago. The complainant got them from the right bedside table and gave them to him. Mr Homsi told her to sign the papers, otherwise he would kill her. She initially refused, but Mr Homsi then grabbed her and told her to do it as the vehicle now belonged to Ms Karamalakis. The complainant then signed the transfer paper. The complainant saw Mr Homsi fill in the rest of the document and give the keys to Ms Karamalakis.
(19) At one point when the complainant was standing in the doorway between the lounge-room and the hallway, Mr Homsi got up and told her that she was a "filthy bitch" and that she deserved it, and then urinated on her in front of Ms Karamalakis (count 10). Mr Homsi then told the complainant to clean it up, and the complainant mopped the floor. Mr Homsi then continued to kick her. The complainant sat on the lounge, and Ms Karamalakis said to Mr Homsi that she wanted to get some pliers and cut off the complainant's fingers, and that she wanted to get some duct tape and do things to her. Mr Homsi told Ms Karamalakis to go and get the duct tape. This took place between 4.30 and 5 am. The appellants then questioned the complainant about money and said they wanted $40,000 back, which they calculated to be the amount she owed to them.
(20) Some time later Mr Homsi fell asleep on the lounge. A little later the complainant was making school lunches for the girls, and Ms Karamalakis said she was not allowed to speak to or go near her children. The complainant went to the girls' bedroom and Ms Karamalakis pushed her from the back of the shoulders out of the kids' bedroom. The complainant went to the kitchen and Ms Karamalakis followed her. Ms Karamalakis grabbed the complainant by the hair and was trying to drop her cigarette ash on her, and then touched the complainant's hand with the cigarette (count 13). Ms Karamalakis told the complainant that if she didn't tell her where the money was she was going to wake Mr Homsi up and tell him to cut her fingers off.
(21) A little later, the complainant realised that Ms Karamalakis had fallen asleep on the lounge. She went to her children's room and told them they were leaving. She did not take anything with her except the children's school bags to make it appear that she had taken them to school. When they were outside, the complainant saw her next door neighbour parking her car and asked her to get her out of there. The neighbour dropped them off near Bankstown police station. The complainant described her state as being exhausted. She was crying and could not walk properly. She had blood coming from behind her ear and she smelled of urine. She did not have any formal identification or other documentation with her. She did not have her mobile phone, her handbag, the keys to her Tarago, the keys to the house, nor any clothing for herself or the children.
(22) At the police station, photographs were taken of her injuries. She spoke to police and a woman from Bankstown Community Service Centre. She was then taken to Bankstown hospital by ambulance where she stayed until Monday 27 October 2008. Photographs of her injuries were also taken at the hospital. At some stage, police took her back to the house to obtain clothing for herself. The complainant never recovered her identification, driver's licence and other documents which she believed were with the appellants. She was later given assistance to change her accounts and obtain a new Medicare card.
(23) In cross-examination, the appellants' case was put to her and denied. Also put to her were a number of inconsistencies between her evidence at the trial, her evidence at a previous trial, a Family Court affidavit and a written statement made to the police. (However, neither the police statement nor the Family Court affidavit nor her previous evidence was put into evidence at the trial.) In relation to the cigarette incident, the complainant accepted that in the police statement she had referred to the cigarette being thrown, and that the cigarette incident had not been included in her evidence in the previous trial. The complainant accepted that in her previous evidence she had said that Ms Karamalakis had pushed her against a cupboard, not against the wall, and that this incident was not included in the police statement. The complainant accepted that there was no mention in the police statement of being kidnapped, or of being beaten with an object. The appellant accepted that in the police statement she had described the first assault being slapping rather than punching. She accepted that there was no reference in the police statement to being dragged from the car by her hair. She accepted that in the police statement there was no reference to being hit by the bar stool and a stick, and that these matters were put in a different order in her evidence in the previous trial. She accepted that in the police statement she said it was Mr Homsi who made the complaint about hot water, that in her previous evidence she said it was Ms Karamalakis, whereas at the trial she said they both made the complaint. She accepted there was no reference in the police statement to Mr Homsi throwing their son against a wall, this being something included in her Family Court affidavit. She also accepted that there were different versions of the urination incident. It was put to her that she was lying about separation in 2004, in circumstances where the youngest child was born in February 2006.
9Constable Stephen Carey gave evidence that he attended Bankstown police station at 10.20 am on Friday 24 October 2008, following a request from police radio. He saw the complainant and her four children. He asked how she was and he saw her eyes become teary and glazed and she was gasping for breath. She was wearing full-length clothing which fully covered her arms and legs, and she was wearing a hijab that covered her hair. She told him that her husband and his girlfriend had been bashing her since 7 pm the previous night, and that she was only able to leave after they had fallen asleep. When the complainant rolled up her right sleeve, Constable Carey saw swelling and redness extending from her right bicep down to her right forearm, as well as a small red wound on her right forearm where the blood had come to the surface. When the complainant rolled up her trousers, he saw extensive redness and swelling to both lower legs, and a large amount of swelling to her right leg.
10Constable Melina Jeffrey gave evidence that she escorted the complainant to an interview room where a number of photographs were taken; and these photographs were in evidence. Constable Jeffrey could smell urine on the complainant. She observed that the complainant had trouble walking. The complainant told her that she hurt all over and that "they" had pulled her hair out and her head had been bleeding. Constable Jeffrey observed a patch of what appeared to be dried blood on the back of the complainant's hair. Her hair looked very thin and there appeared to be bald patches. When the complainant tried to untangle her hair with her fingers, a clump of hair came out in her fingers. Constable Jeffrey also observed extensive bruising and swelling to various parts of the complainant's body and she photographed these. The complainant told her that "they" had punched and kicked her, and that in relation to a welt on her arm, Constable Jeffrey believed the complainant had told her that "she" had thrown a cigarette at her.
11Detective Senior Constable Helen Weston gave evidence that she observed a number of cuts and abrasions on the complainant's legs, as well as yellow coloured bruising across her lower back, forearms, thighs and shoulders. The complainant appeared timid and frightened and spoke quietly. The complainant told her that she felt pain all over, and DSC Weston observed that the complainant had difficulty walking. The complainant told DSC Weston that she was frightened of her husband and that she was afraid of what would happen to her as a result of speaking with police. Whilst a statement was being taken from her, the complainant needed to take breaks due to pain and discomfort. She was unable to sit for long periods of time and one of her feet was extremely painful. In addition, the complainant needed to comfort her children who were upset. DSC Weston found it difficult to take the statement because of the complainant's physical and mental state.
12Constable Bradley Munro gave evidence that he observed the complainant when she presented at Bankstown police station to be red-faced and in pain. She walked slowly and found it hard to stand. She appeared glassy eyed and close to tears.
13Amanda Gray, a paramedic gave evidence that she attended Bankstown police station at about 12.30 pm on 24 October, and examined the complainant. The complainant told her that she had been assaulted over a 12-hour period. She examined the complainant and noted a laceration in the back of the head, bruising and laceration to both ears, bruising all over her body, in particular her arms and legs, and a large bruise to her left lumbar back area. The complainant complained of pain all over but especially her arms and legs. The complainant's jeans needed to be cut because her legs were so swollen that they could not be lifted up. There was significant bruising on her legs as well. The complainant told her that her husband had urinated on her. Ms Grey did smell a urine-type smell. The complainant told Ms Grey that her husband had assaulted her with his closed fist, shoed foot and a cigarette lighter which had caused the injury to the back of her head. The complainant appeared distressed and upset about her children. She was taken to hospital by ambulance.
14Senior Constable Claudette Gebrael gave evidence that she attended Bankstown hospital with Senior Constable McCardie and Constable Lena Bastoncino. Senior Constable Gebrael observed the complainant lying in a hospital bed wearing a hospital gown and a hijab. The complainant's arms were swollen with purple and blue-yellow bruises. Senior Constable Gebrael observed red bloody cuts and scratches across the complainant's legs, and she had blue, yellow and purple bruises on her upper and lower legs. Her skin appeared swollen in different areas of her legs. When asked what that was from, the complainant replied that they were from Mr Homsi kicking her. The complainant also had bruises on her upper back, right shoulder, and cuts to the back of the left and right ears and face. The complainant moved stiffly and slowly. As she sat up on her bed, SC Gebrael asked the complainant whose hair it was that she observed near the edge of the bed. The complainant told her that it was hers and it was still falling out from where Mr Homsi pulled her hair. The complainant told her that the injury on her head occurred as a result of Mr Homsi having hit her with a lighter. In relation to an injury on her arm, the complainant told her it was caused from trying to defend herself when Mr Homsi threw a chair at her or hit her with it. The complainant consented to photographs being taken, and those photographs were also in evidence.
15Constable Bastoncino also gave evidence. She gave similar injury evidence about observation of the complainant to that of SC Gebrael. She also took a bag of clothing handed to her by a nurse which she understood to be the complainant's clothing, including a yellow dressing-gown, grey pants, and a grey and white striped lady's long-sleeve top. She noticed that the clothing smelled of urine to the extent that it made her gag.
16Plain-clothes Senior Constable Belinda Haggerty gave evidence that she saw the complainant on 29 October 2008 when the complainant gave her second statement. She described the complainant as being between 5 feet and 5 feet 1 inch tall, and as being the size of a teenage girl. She observed the complainant to have bruising from the top of her feet and up her legs. One of her feet was incredibly swollen compared to the other one. When the complainant removed a band from her hair at the police station, hair came out, and a bag with that hair was an exhibit in the case.
17Senior Constable Craig Sands gave evidence concerning the arrest of the appellants. He attended with other police at the Condell Park house at about 2.40 pm on 24 October 2008. There was no answer when police knocked at the door. A short time later a white vehicle parked on the opposite side of the road and two males and two females got out. Mr Homsi walked towards police. Senior Constable Sands asked him his name. Mr Homsi replied "What for?" When asked again, Mr Homsi provided his name. At about 3.30 pm, Mr Homsi was told that he was being placed under arrest for assault, and he was cautioned. He replied "I didn't touch her". Mr Homsi's mother then said he had done nothing wrong. SC Sands asked Ms Karamalakis her name, and she said that she was not going to tell him anything. She then told him her name. She was placed under arrest and cautioned. The appellants were both searched and then placed in the police vehicle. Mr Homsi's mother approached SC Sands and wanted his details. She said: "You will not hear the end of this, my son has done nothing wrong". The appellants were taken to Bankstown police station at about 6 pm. They each declined to be interviewed.
18Constable Stephen Carey also gave evidence concerning the arrest of the appellants. His evidence did not include Mr Homsi's alleged statement "I didn't touch her". However, Constable Carey did give evidence that Mr Homsi's mother said "Why are the police picking on Houssam?" and that she was going to make a complaint about the police.
19Constable Carey gave evidence that later the same day, with the complainant's consent, he entered the house with the assistance of a locksmith, because the complainant did not have keys to the premises and because the keys held by the real estate agent did not open the door. On entering the premises, Constable Carey observed two clumps of hair in a rubbish bin on top of the kitchen bench, that the complainant's room was disorganised and messy, with women's clothes strewn across the bed and floor, a clump of hair on the floor inside the doorway of the bedroom, a clump of hair near the window, a pink pair of scissors on the bedside table, and a pile of clothing behind the bedroom door that had been cut. These items were photographed and left in situ; and the photographs were exhibits in the case. Constable Munro gave similar evidence.
20Evidence was given by Fatima Elcheikh, a child protection caseworker at Bankstown Community Services, that she met the complainant and her four children at Bankstown police station on 24 October 2008. The complainant told her that she had run away after having being assaulted over the previous twelve hours. She said she had not been allowed to leave the home for the previous week, and that her husband Mr Homsi and his girlfriend took turns watching her, while one of them would drop off and pick up the kids from school. She was asked by the complainant to return to the home to obtain the children's birth certificates and passports, because she was afraid that Mr Homsi would take the children overseas. That same day, Ms Elcheikh attended the Condell Park home with police. She was present when the appellants were arrested. After the locksmith attended to change the lock, she entered the house and saw that the kitchen and bedrooms were messy; the drawers were out and their contents on the floor. She saw clumps of hair on the floor of the children's room and in the garbage bin in the kitchen and around the house. She gave evidence that one of the girls' blue books was located and that she took clothing for the children.
21SC Gebrael and Constable Bastoncino also gave evidence that at about 2 pm on 27 October 2008, they escorted the complainant home to obtain personal items for her and the children. They were also there to get the children's birth certificates and blue books. These were not recovered. SC Gebrael observed dirty plates in the sink and clothes on the floor. She saw a clump of hair sitting on top of the garbage bag.
22PCSC Haggerty also gave evidence that, at about 9.20 am on Thursday 30 October 2008, she and other police arrived at the Condell Park house in execution of a search warrant, and shortly thereafter the premises were searched. Entry to the premises was gained through use of keys provided by the locksmith. The search was recorded on video. Items belonging to both the complainant and Mr Homsi were noted in bedroom 1 of the premises. Bedroom 4 was a bedroom said to be occupied by the appellants. The following items were seized:
(1) One empty 2-litre juice bottle on the kitchen bench.
(2) One large clump of long brown hair in a rubbish bag on the kitchen bench.
(3) One unopened Golden Circle brand 2-litre apple and mango juice bottle on the bottom shelf of the kitchen pantry.
(4) and (5) Two unopened Berry Healthy Balance juice bottles on the bottom shelf of the kitchen pantry.
(6) Two Centrelink sheets in the name of [the complainant] on the kitchen floor.
(7) One right Nike white men's shoe on the floor of the hallway.
(8) One blue plastic lighter in the top drawer of the bedside table in bedroom 1.
(9) One scissors with blue handles on top of the set of drawers behind the television near the entrance to bedroom 1.
(10) One page of RTA paperwork in the name of [the complainant] in the second drawer of the bedside table in bedroom 1.
(11) One left Nike brand white men's shoe on the floor of bedroom 1.
(12) One blue plastic lighter in the bedside table in bedroom 4.
(13) One black wooden pole/ stick with two red rings around its base located next to the bedside table in bedroom 4.
(14) One Subaru remote car key attached to a Bulldog's key ring on a table in the garage near the garage door.
A traffic infringement notice was located in the garage. A knife was located in a drawer where the blue lighter and registration papers were located in bedroom 1. In bedroom 1, police observed over 20 items of women's clothing that had been cut up rendering them useless. No items of men's clothing were observed to be destroyed in this manner. Documents such as birth certificates, blue books and passports for the complainant's children, and gold jewellery were not located during the search.
23Plain clothes Constable Melissa Horvat and Constable Bane Zekanovic also gave evidence of participation in execution of the search warrant.
24Virginia Freidman, an analyst at the Division of Analytical Laboratories at Lidcombe conducted a DNA analysis on a number of items, a buccal swab taken from the complainant, a juice bottle, a black wooden pole/ stick, a buccal swab from Mr Homsi, a buccal swab from Ms Karamalakis, a right shoe, a left shoe, a blue BIC lighter and a dark blue Rhino lighter. The following results were obtained. For the black pole, Mr Homsi had the same profile as DNA recovered from the end of the pole with the red rings, and traces of a second individual too low to determine a profile were also recovered; and from the other end of the pole three mixtures that originated from at least three individuals were recovered, and the complainant, Mr Homsi and Ms Karamalakis could not be excluded as contributors to this mixture. No blood was detected from the pole. No DNA or blood was detected on the juice bottle. For the blue BIC lighter, a preliminary screening for blood was positive, but the presence of blood was not confirmed; and DNA testing was unsuccessful. No blood was detected on the shoes, and no blood was detected on the dark blue Rhino lighter. Ms Freidman stated that traces of DNA could be transmitted by handling things.
25Karen Cabanastia, a scientific officer, had experience in the examination of human hair. She examined two clumps of brown hair. She said that the proportions of hair in the samples examined, found to be present in each growth stage, supported the hypothesis that the hair examined had been forcibly removed from the scalp.
26Transfer documents from the RTA were put into evidence, in relation to the registration of the Toyota Tarago. There was a transfer document dated 23 October 2008, signed by the complainant transferring ownership to Mr Homsi and showing that registration of the vehicle was transferred by Mr Homsi to Danny Kourouche on 23 October 2008 for a sale price of $5,000. The declaration on the document was signed on 27 October 2008. Further documents showed that on 10 November 2008, Danny Kourouche sold the vehicle to Shah Kahn for $2,500. The declaration signed on 10 November 2008.
27Also put into evidence were clinical notes from the Royal Prince Alfred Hospital for Ms Karamalakis. These notes showed that at just before 10 am on Saturday 25 October 2008 Ms Karamalakis presented at the Emergency Department of RPA, her presenting information being that she "finished menstrual cycle 3/7 ago, while running last pm, hit side of table, lower abdomen affected. This am woke with PV bleeding which hasn't stopped since. Slight lower abdominal pain and dizziness. Nil other. Nil HX." Ms Karamalakis is also recorded as saying "in police custody" "? What for - she says she doesn't know; and "LMP - finishing 3 days ago. Was a few days late so she had done a pregnancy test prior to period. Negative".
28The case history notes included "not using C/C - withdraw method. Prev on COC pill. Has had a IMB on stopping pill". The only injury noted was "mild tender lower abdo" and "no bruising. There is no record of any assertion that she had been attacked by the complainant. Her registration form showed her next of kin as Mr Homsi, and the relationship with him as "fiance".
29Evidence from the previous trial by Dr James Chau was read. He examined the complainant at about 4 pm on 24 October at the Emergency Department of Bankstown Hospital. He found tenderness to the left para-spinal region, bruises to both arms and legs, and swelling to the left leg. X-rays of the complainant's chest, knees, ankles and legs were taken, and an analgesia was administered. Dr Chau's opinion was that the injuries were consistent with the complainant having been assaulted. In cross-examination, Dr Chau stated that he had examined the complainant's head and observed some abrasion but no bruising. He agreed that the photograph of the complainant's head (taken three days after his examination) showed an injury on the complainant's head which was consistent with her being struck with an object. He stated that bruising could last for weeks, depending on the patient.
30Finally, a statement of Fadia Bekdache dated 9 March 2009 was read to the jury. In that statement, Ms Bekdache stated that on a Friday in 2008 she saw the complainant as she was returning home. The complainant was standing near the fence-line between their two houses and she had her children with her. She was wearing a robe or pyjamas and was carrying a small bag. The complainant asked for a lift to Greenacre. Ms Bekdache told her that she could take her to Bankstown. She asked the complainant if there was something wrong, and the complainant told her that she had had an altercation with her husband. Ms Bekdache took the complainant and her children to Bankstown. She observed the complainant was having difficulty walking and getting into the car. She suggested that the complainant go to see a religious leader to help conciliate between her and her husband. The complainant told her that her husband was mistreating her and showed her marks and bruises on her legs and what looked like burns on her hand. The complainant said: "look, this is where they hit me and where they burnt me with cigarettes and they tore clothes --- my husband and his girlfriend were pulling my hair all night, he made me sign my van over to his name and he took my money and jewellery as well". When Ms Bekdache dropped the complainant off at Bankstown, the complainant pleaded with her not to tell her husband where she was. At about 10.30 am the same day, Ms Bekdache saw the other woman who lived at the Condell Park house pass by as though looking for something. Her husband went outside and spoke to the husband from the Condell Park house. When the husband returned a second time, Ms Bekdache went outside and told him that she had dropped the complainant on Marion Street Bankstown. The husband asked whether the complainant had told her anything and she said she was told there had been a domestic problem. Ms Bekdache then went back inside.