The head of the Alameddine family and his cousin have been acquitted of assaulting an Uber driver and trying to steal his phone during a confrontation inside a western Sydney parking garage.
Rafat and Hamdi Alameddine earlier this month faced a joint trial in the Parramatta District Court over the alleged robbery inside a Merrylands unit block.
They were accused of punching the man and taking his mobile phone during an alleged altercation.
However, Judge Nanette Williams, in handing down her judgment on Friday, said there was no evidence the man’s phone had been taken by either of the men.
The court was told the alleged victim Sulaiman Shojaei had been washing his Hyundai Accent in the parking garage of his apartment building on November 30, 2019 when he was confronted by the two men.
During the trial, Mr Shojaei told the court that at one point, he took a photograph of the men before his phone was taken from him during a scuffle.
However, Judge Williams said there were “deficiencies” in the police investigation and there was “no thorough search of the basement”.
She said it was possible the phone “fell from” Mr Shojaei’s possession “during an assault” onto the cement floor and could have landed under a nearby vehicle.
She found the men not guilty because the robbery element of the charge had not been proven.
Both Rafat and Hamdi Alameddine were charged with one count of robbery in company causing injury, as well as one count of aggravated assault with intent to take a motor vehicle in company.
In a twist to the case, they had the assault with intent to take a motor vehicle charge withdrawn only a day after the trial began when Mr Shojaei said he could not remember either of the men getting into his car, contrary to a prior police statement.
The two men stood trial on the remaining charge of robbery in company causing wounding, relating to the allegation they stole the mobile phone, before they were found not guilty on Friday.
The court was told that Mr Shojaei, 44, was preparing to leave in his car when Rafat and Hamdi approached him, blocking his vehicle and accusing him of having been involved in an earlier motor vehicle accident.
Mr Shojaei told the court one of the two men reached through the partially opened window and tried to take his keys.
He said he repeatedly yelled for help but no one came to assist him.
The court was told by Mr Shojaei that he got out and ran to a nearby roller door before taking photographs of them on his mobile phone camera.
He told the court that when the two noticed him taking pictures, an altercation ensued as the men attempted to take his phone.
He claimed that he was punched and kicked and the court heard that he suffered a laceration to his right eyebrow.
During his evidence, Mr Shojaei told the court that during the incident, he dropped his phone and it was picked up by Hamdi, who fled outside the garage.
The phone was never recovered and the photos did not upload to his iCloud, Judge Williams noted before finding the men not guilty.
Lawyers for the Alameddine cousins denied that either of the men had ever taken Mr Shojaei’s phone and argued that the Uber driver was an unreliable witness.
Judge Williams noted that the Crown prosecution did not attempt to prosecute an alternative, lesser charge of wounding in company.
The lawyers for both Rafat and Hamdi Alameddine flagged their intention to make an application for their legal costs.
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