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A concreter accused of “brazenly” raping a Canberra woman on a dirt track “in full view of multiple witnesses” has been released on bail. Salvatore David Incandela, 40, pleaded not guilty in the ACT Magistrates Court on Friday to a charge of sexual intercourse without consent. In documents tendered to the court, police say the alleged victim attended a November 28 barbecue at the Calwell home of a man she had met through the Zoosk online dating service. She became upset that afternoon when this man told her he “did not think the relationship was going anywhere”. Police say one of the man’s friends, Mr Incandela, offered to drive the woman home because he was going in the same direction. But instead of heading straight for her place, the 40-year-old is said to have driven to a reserve in Spence and parked his utility on a dirt track that is “within 10 metres” of some nearby homes. Mr Incandela allegedly got out of the car with his pants down and went around to the passenger side. Police say he opened the door and raped the woman, causing significant bleeding as she told him to “stop”. Investigators have spoken to four people they say witnessed parts of what happened from their nearby homes. Three of them have told police they believe they saw people having sex in a car. The other noted down the vehicle’s registration. According to police, Mr Incandela eventually dropped the woman off at the home she shares with her daughter. The daughter told officers her mother arrived home shaking, with messy hair and her eyes “rolling around in her head”. The alleged victim showered and washed her clothes on the night in question, later telling police when she reported the matter that she had needed to because she felt “dirty and disgusting”. Following an investigation, police pulled Mr Incandela over in Higgins on Thursday afternoon and arrested him. When he appeared in court on Friday wearing a singlet, he was also charged with drink-driving and driving while suspended. He did not enter pleas to those two charges. Prosecutor Kiara Sheridan opposed bail, describing the alleged rape as “brazen” and extremely serious offending carried out “in full of view of multiple witnesses”. She said the alleged victim had sustained “significant” injuries, with court documents describing extensive bruising and swelling. Ms Sheridan argued Mr Incandela, who was living in a friend’s spare bedroom after only recently returning to the ACT, did not have strong ties to the territory and may flee or commit offences if released. The court heard he was wanted in Queensland for “unresolved traffic offending”, while the alleged rape victim had expressed concerns he knew where she lived after dropping her home. But defence lawyer Sam McLaughlin said Mr Incandela could not remember where the woman’s home was. He described the rape allegations as “odd” and said the accounts of the people who apparently witnessed the incident did not appear consistent with non-consensual activity. Mr McLaughlin said Magistrate James Lawton should therefore be “pessimistic” about the prosecution’s chances of proving the charge. Court documents show that when interviewed by police, Mr Incandela claimed there had been some consensual sexual activity with the woman in his car. He denied that there had been any intercourse whatsoever. In relation to concerns Mr Incandela might flee, Mr McLaughlin said the man had plenty of incentive to stay in the ACT because the 40-year-old had recently started a concreting business and there was “a significant need” for concreters in Canberra. Mr Lawton ultimately decided to grant bail, with several conditions including that Mr Incandela must not enter certain suburbs, leave the ACT, or have contact with the alleged victim. “Mr Incandela, I make it very clear to you that if you breach these bail conditions you’ll be in custody,” the magistrate said. The defendant is expected back in court on February 5.
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A concreter accused of “brazenly” raping a Canberra woman on a dirt track “in full view of multiple witnesses” has been released on bail.
Salvatore David Incandela, 40, pleaded not guilty in the ACT Magistrates Court on Friday to a charge of sexual intercourse without consent.
In documents tendered to the court, police say the alleged victim attended a November 28 barbecue at the Calwell home of a man she had met through the Zoosk online dating service.
She became upset that afternoon when this man told her he “did not think the relationship was going anywhere”.
Police say one of the man’s friends, Mr Incandela, offered to drive the woman home because he was going in the same direction.
But instead of heading straight for her place, the 40-year-old is said to have driven to a reserve in Spence and parked his utility on a dirt track that is “within 10 metres” of some nearby homes.
Mr Incandela allegedly got out of the car with his pants down and went around to the passenger side.
Police say he opened the door and raped the woman, causing significant bleeding as she told him to “stop”.
Investigators have spoken to four people they say witnessed parts of what happened from their nearby homes.
Three of them have told police they believe they saw people having sex in a car. The other noted down the vehicle’s registration.
According to police, Mr Incandela eventually dropped the woman off at the home she shares with her daughter.
The daughter told officers her mother arrived home shaking, with messy hair and her eyes “rolling around in her head”.
The alleged victim showered and washed her clothes on the night in question, later telling police when she reported the matter that she had needed to because she felt “dirty and disgusting”.
Following an investigation, police pulled Mr Incandela over in Higgins on Thursday afternoon and arrested him.
When he appeared in court on Friday wearing a singlet, he was also charged with drink-driving and driving while suspended. He did not enter pleas to those two charges.
Prosecutor Kiara Sheridan opposed bail, describing the alleged rape as “brazen” and extremely serious offending carried out “in full of view of multiple witnesses”.
She said the alleged victim had sustained “significant” injuries, with court documents describing extensive bruising and swelling.
Ms Sheridan argued Mr Incandela, who was living in a friend’s spare bedroom after only recently returning to the ACT, did not have strong ties to the territory and may flee or commit offences if released.
The court heard he was wanted in Queensland for “unresolved traffic offending”, while the alleged rape victim had expressed concerns he knew where she lived after dropping her home.
But defence lawyer Sam McLaughlin said Mr Incandela could not remember where the woman’s home was.
He described the rape allegations as “odd” and said the accounts of the people who apparently witnessed the incident did not appear consistent with non-consensual activity.
Mr McLaughlin said Magistrate James Lawton should therefore be “pessimistic” about the prosecution’s chances of proving the charge.
Court documents show that when interviewed by police, Mr Incandela claimed there had been some consensual sexual activity with the woman in his car. He denied that there had been any intercourse whatsoever.
In relation to concerns Mr Incandela might flee, Mr McLaughlin said the man had plenty of incentive to stay in the ACT because the 40-year-old had recently started a concreting business and there was “a significant need” for concreters in Canberra.
Mr Lawton ultimately decided to grant bail, with several conditions including that Mr Incandela must not enter certain suburbs, leave the ACT, or have contact with the alleged victim.
“Mr Incandela, I make it very clear to you that if you breach these bail conditions you’ll be in custody,” the magistrate said.
The defendant is expected back in court on February 5.
