Sydney pizza shop worker guilty of rape

·3-min read

A jury has taken two hours to find a Sydney pizza shop worker guilty on all charges of aggravated sexual assault against him.

When the jury left the courtroom Ricardo Audish yelled there was "no evidence" and the police "tried to hide the whole truth," while labelling the victim a "prostitute" and hurling a number of other insults at the prosecutors of his case.

The 41-year-old was found guilty on Thursday of three counts of aggravated sexual assault in company after the NSW District Court was told he took part in the gang rape of a then-18-year-old woman in a southern Sydney eatery in October 2016.

The married man originally denied working at the time of the assault and later said the pair did not have intercourse, but a co-worker's statement and forensic DNA evidence of his semen "thwarted" these stories, the Crown said.

Earlier in the evening, the woman had consented to sex with her boyfriend in a toilet cubicle, before he told her "all the other boys want to have sex with you now", to which she replied "hell no".

As she was pulling up her underwear another male entered and offered her a bong which she smoked twice.

The effect of the cannabis was unlike anything she had ever felt before, her head began spinning, she felt dizzy and was shaking.

The Crown pointed to CCTV footage of her "sure-footed" walking and sometimes jogging upstairs before the incident, compared to after where she is seen walking slowly, stumbling and leaning on a pole for 17 minutes to regain balance.

After Audish asked if she was OK, her memory became patchy and her next recollection was leaning over a stack of chairs while he had sexual intercourse with her.

"The accused was the boss so he went first," the Crown said, while the others allegedly took their turns according to their age.

A passer-by later found her on a road weeping, shaking and disorientated, and called emergency services.

In the safety of hospital, she detailed what had happened.

"They all took turns in me," she said.

After the woman had spoken to police the Crown say Audish along with the younger accused began corroborating their stories together.

An intercepted phone call shows Audish demanding to know what the boys had told police "so we know what we are going to say".

Summing up the case on Wednesday following more than two weeks of evidence, Judge David Arnott said the Crown dismissed Audish as an unreliable and dishonest witness.

In his evidence, Audish said the pair had a cigarette outside and had a conversation where he asked the woman why she wanted to have sex with him, to which he said she responded "I like you".

Audish's bail was revoked by Judge Arnott but defence barrister Eugene Wasilenia argued his heart condition needed immediate medical attention.

Mr Wasilenia asked his client to be quiet after he began yelling from the dock, while his wife was sobbing and shaking.

"You will never be happy in your life," his wife yelled at crown prosecutor Kate Nightingale before being escorted out of the courtroom.

Audish is due to appear on Friday via video link where his sentencing date will be set down.