Man found guilty of Adelaide Aquatic Centre rape

A District Court judge has found a man guilty of raping a sleeping woman in a spa at the Adelaide Aquatic Centre, saying his "proximity to her was inappropriate".

Judge Liesl Chapman today found 62-year-old Hayas Kardo guilty of rape and indecent assault after he attacked a sleeping woman, aged in her late 20s, in the northern spa at the North Adelaide facility in September 2018.

He pleaded not guilty to both offences before facing a trial by judge alone.

In her judgement published today, Judge Chapman said the victim - who described the incident as a "grope" - was a "calm, thoughtful and matter-of-fact witness".

Judge Chapman noted "I have carefully watched the CCTV footage of the spa. I find that the accused gradually and surreptitiously made his way closer to the complainant during the period of the footage.

"Over a period of 10 minutes up to that point, he had encroached upon her space and then maintained that position despite the opportunity to move away.

"By 4:56pm, he had moved so close to the complainant that there was very little distance between them.

"In my view, he would have had no difficulty touching her body with his left hand under the water.

"There was no reason for the accused to be so close to the complainant. There was plenty of room for him to move to his right and respect her space."

She said a minute later, Kardo had moved "so close to the complainant that it would be difficult for him not to be touching her under the water".

Judge Chapman found “by that stage, his proximity to her was inappropriate.

She said a "slight movement away" from the victim was then followed by a movement "back closer" to her, and that there was a period of about eight minutes in which the accused had "ample opportunity" to commit the crime.

She said DNA evidence also supported the prosecution case.

Judge Chapman went on to stated “having considered the complainant's evidence in court … and considered the strong support for the DNA under the accused's left hand fingernails to be the complainant's DNA … I am satisfied beyond reasonable doubt that the accused is guilty of both of these offences.”

During the trial, Prosecutor Carmen Matteo told Judge Chapman that CCTV footage showed Kardo appearing "to edge ever so slightly closer to (the victim)".

She stated “your Honour may see, and what the prosecution contends, is the dark fabric of her swimming shorts billowing up in an area out in front of the accused and to his left.

"There's a subtle, but in the prosecution submission, an unnatural physical closeness between the accused, whose left arm is under the water line, and alleged victim while she continues to sleep."

Craig Caldicott, for Kardo, told the Court during the trial that his client admitted being in the northern spa that afternoon but denied the rape, advising “this matter simply comes down to Mr Kardo didn't do the actions that constituted the offence.”

Kardo will face submissions on sentencing in February 2021.