Alleged kidnapper bailed with $1m promised

·2-min read

A man accused of helping mastermind the alleged kidnapping and serious assault of another in Sydney's south before the victim escaped has been granted bail with $1 million promised in security.

Haysam Ayoubi, 24, was seen driving his mother's Mazda to the victim's Sans Souci address wearing a balaclava on June 8 one day before the forced entry occurred, the NSW Supreme Court was told on Monday.

He was also seen parked outside the "detention house" on Archibald Street in Padstow where the man was bound and beaten, but managed to escape about 11pm on June 9, according to the prosecution case.

Ayoubi was arrested in September while a balaclava along with duct tape allegedly used to bind the victim were found at his Greenacre home.

He faces three charges which include aggravated break and enter while using a weapon, and taking and detaining a person in company for advantage occasioning actual bodily harm.

While Justice Peter Garling said the crown case was reasonably strong against Ayoubi, he granted him bail given his trial would likely commence sometime in 2023.

"On any view that is a long time in custody," he said.

Prosecutor Stephen Makin opposed bail asserting that Ayoubi was unlawfully armed with a pistol at the time of the alleged kidnapping.

He submitted phone records and toll road receipts positioned the accused at the scene of the crime, while CCTV footage showed him holding a bag containing significant items including a high-vis vest.

"This applicant is intimately involved in planning with others to have others carry out these offences," Mr Makin said.

But defence lawyer Philip Strickland SC said there was no direct evidence his client had knowledge of what was going to happen and the "precise offences contemplated".

He submitted that Ayoubi's violent history and previous bail breaches, including contravening an AVO, was in the sole context of a domestic relationship in 2017 "that went sour" and has since ended.

Justice Garling said the accused was "plainly involved in the day before the two offences occurred" by carrying out a reconnaissance in his mother's Mazda.

But he felt the risks could be mitigated by the significant surety provided by his family, an electronic monitoring device, regular reporting to police and other strict conditions.

He is next due to appear before Bankstown Local court on November 25.

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