New twist in ‘good samaritan’ case
A Sydney dad, who made headlines after he was forced to spend a week in a maximum-security jail over false accusations he stalked and indecently assaulted a teenage girl after helping her fix her car, will face court next month on almost exactly the same charges.
Kenan Basic, 37, spent a week in Silverwater Jail in November after he was falsely accused of asking a 19-year-old for sexual favours as payment for fixing her broken radiator before stalking her car through traffic and touching her breasts and vagina.
Caitlyn Gray, now 20, was sentenced to nine months jail today for lying about the ordeal but was granted strict conditional bail this afternoon to appeal her sentence.
While Gray has a long court fight ahead, so does Mr Basic.
In documents seen by news.com.au, Mr Basic will face court next month after he was charged with stalking two different women last year in three separate incidents at Bankstown RSL.
Mr Basic has pleaded not guilty to all three stalk/intimidate charges which police allege occurred in February and March of last year.
Police allege the first stalking incident occurred on February 1 last year between the hours of 12am and 4am, the second on March 7 between 3am and 4am and the third on March 25 between 4.15am and 5am.
Mr Basic was released from jail on November 30, seven days after he was repeatedly refused bail over the false allegations Gray made.
The two other women, whose allegations against Mr Basic will be heard in court together next month, made their complaints at Bankstown Police Station on November 29.
News.com.au understands the two women who made the new allegations work together.
Speaking outside court today, Mr Basic's lawyer Mona Elbaba said her client was in the "same situation".
"It's going to be very similar to (Gray's) case, the police have a very weak case."
Ms Elbaba said Mr Basic had never met the two women and they were unknown to him.
Ms Elbaba was unable to comment further about Mr Basic's upcoming hearing but did speak about Gray's nine-month jail sentence.
"There are no real winners today," Ms Elbaba said. "There are significant, broader implications of her lies onto the community. The genuine victims, the real victims who make a complaint to the police are going to be second-guessed now...when they do eventually have the courage to come out and tell their story to police."
Ms Elbaba plans to sue NSW Police and Gray on behalf of Mr Basic.
"They just believed her word over his word irrespective of the fact that there was no independent evidence to corroborate her version of events," she said.
"The police were vigorous in their opposition to bail at the commencement.
"This strikes at the heart of our criminal justice system, it strikes at the heart of police investigations and more importantly the effects it's had on victims who are genuine and suffering from these criminal offences.
"It is broader than my client and the court needs to send a clear message to the community that when you lie to the police there are going to be serious repercussions on you."
'SHE WANTED VENGEANCE': GRAY SENTENCED
Caitlyn Gray, 20, was sentenced to nine months in jail with a non-parole period of five months earlier today after she pleaded guilty to making a making a false and misleading statement. She claimed Mr Basic stalked and indecently assaulted her after he helped her with her damaged car.
In sentencing earlier today, Magistrate Glenn Walsh lashed the 20-year-old for "wanting vengeance".
Gray's legal team immediately launched an application for an appeal, and after spending two hours in the cells beneath Bankstown Local Court the 20-year-old was released on strict conditional bail.
Magistrate Elks, who heard the application for release, took into account Gray appearing on every occasion she was supposed to and her strong community ties.
Gray will be required to live with her mother, report on a daily basis to Narellan Police Station and put up $2000 surety.
Earlier today, Gray was silent as she was taken into custody as she was taken into custody by corrective service officers at Bankstown Local Court.
She wore a white, knitted jumper, black jeans and a pair of black slides while being sentenced for falsely claiming Mr Basic followed her in his car, touched her breasts and vagina and asked her for sexual favours after he spent more than two hours fixing her damaged car at a western Sydney petrol station.
Gray's mother sobbed in court as her daughter handed her jewellery and told her everything was going to be OK.
Mr Basic, then 36, lost his job and spent a week in Silverwater Jail in Sydney's west after he was accused of the horrific crime on November 22 last year.
Gray initially claimed the father-of-one lunged at her and grabbed her breast and vagina after she refused his advances as "payment" for helping with her car. She then claimed he stalked her through the streets of western Sydney before she called her boyfriend, who reported it to police.
Seven days later, Gray admitted to making the whole thing up. She has never explained why she did so however her lawyer made allegations earlier this week that Mr Basic said a "slight with sexual innuendo" to her.
In sentencing today, Magistrate Walsh lashed Gray for her ongoing lie and taking away Mr Basic's liberty.
"The offender had the opportunity to limit the damage from false allegations on numerous occasions," Magistrate Walsh said.
"She did not take the opportunity to limit damage."
Magistrate Walsh did not accept submissions from Gray's lawyers that her depression at the time of the offence was related to her "consistent lying".
"She wanted vengeance due to what she perceived of Basic's behaviour," he said.
"This was not an error in judgment … she achieved her end of having him incarcerated."
Magistrate Walsh acknowledged Gray's letter of apology to Mr Basic, that she was 19 at the time at the time of the offence and that she had been seeking psychological help before the offence.