James Delinicolis is one of two accused police officers who received bail in Central Local Court on Tuesday after being charged with the sexual assault of a teenage girl in a hotel room.
NSW Police Transport Command Senior Constables James Delinicolis, 29, and Angelo Dellosa, 30, have spent three weeks behind bars after being charged with multiple offences including attempted aggravated sexual assault in March.
The court was told Delinicolis first met the schoolgirl when he was on duty and she was in her school uniform at a bus stop before they met again at the Ramada Hotel in Cabramatta.
Crown prosecutor Sally Stuart told the court Delinicolis met the schoolgirl while on duty at a bus stop, again meeting her at the the Ramada Hotel in Cabramatta, The Daily Telegraph reports. The man allegedly attempted to have non-consensual anal sex with the girl while Dellosa pinned her down in the room.
“She made it extremely clear and said no several times and was held down against her will by the co-accused (Dellosa),” Ms Stuart said.
“Her lack of consent was made very clear.”
Delinicolis’ defence lawyer Phillip Strickland SC said his client and Dellosa had consensual sex with the girl in the hotel room.
“At the hotel when the intercourse occurred there were sexual acts done consensually before the alleged offence and after the alleged offence,” he said.
“A jury will be instructed to look at the entire episode at the hotel.
“She’s agreed to have consensual sex with both of them at the time – after she claims it was non-consensual.”
Magistrate Margaret Quinn granted bail for both the officers, however warned a full-time prison sentence was likely if they were convicted of the charges.
In granting Delinicolis bail, Ms Quinn said: “I can’t say that’s a weak case at all, it may well come under challenge to consent issues, but I can’t say it’s a weak case.”
Delinicolis must forfeit $500,000 in surety and Dellosa must forfeit $20,000 before they can walk free from Silverwater jail where they have been held on remand.
